Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
191: Chief executive may enter person's name in register of building consent authorities
or “The big boss can put someone's name on a special list of people who can check and approve building plans if they ask nicely.”
You could also call this:

“The boss needs to check certain things before adding someone to the list of people who can give building permission.”

Before the chief executive can add your name to the register of building consent authorities, they need to be sure of a few things about you. First, you must have a current accreditation from a building consent accreditation body. This body is appointed under section 248.

Second, you need to meet the set criteria and standards for registration. These are rules that have been decided on beforehand.

Third, if you want to be registered as a building consent authority but you’re not a territorial authority or a regional authority, you need to show that you can cover any civil liabilities. This means you need to have enough money or insurance to pay for any mistakes you might make while doing your job.

When the chief executive is checking if you can cover civil liabilities, they might look at a few things. They might check if you have an insurance policy that meets the minimum rules set out in regulations made under section 402. Or, they might see if you have an insurance policy under an approved insurance scheme, also set out in regulations under section 402.

The chief executive might also look at any other arrangements you’ve made to protect consumers. For example, you might have given a bond or have a guarantor. These are ways to make sure that if something goes wrong, the people you’re working for won’t lose out.

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 It might be out of date or be missing some parts.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

Next up: 193: Effect of registration

or “Registered people can do building consent work, but some can only do what they're allowed to do.”
Next

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power of chief executive to register persons as building consent authorities for purposes of this Act

192Criteria for registration

  1. Before entering a person's name in the register of building consent authorities, the chief executive must be satisfied that—

  2. the person holds a current accreditation from a building consent accreditation body appointed under section 248; and
    1. the person meets the prescribed criteria and standards for registration; and
      1. in the case of a person who wishes to be registered as a building consent authority but who is not a territorial authority or a regional authority, the person has adequate means to cover any civil liabilities that may arise in the performance of the functions of a building consent authority.

        1. In considering whether a person has adequate means to cover any civil liabilities under subsection (1)(c), the chief executive may have regard to whether the person—

        2. holds an insurance policy that meets the minimum terms and conditions prescribed by regulations made under section 402; or
          1. holds an insurance policy under a scheme of insurance approved by regulations made under section 402; or
            1. has put in place any arrangements that provide for effective consumer protection (for example, by giving a bond or having a guarantor).

              Notes
              • Section 192(1): amended, on , by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).
              • Section 192(1)(c): amended, on , by section 3(5) of the Building Amendment Act 2005 (2005 No 31).