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Building Act 2004

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

192: Criteria for registration

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.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307392.

Topics:

Housing and property > Home safety and repairs

Business > Industry rules

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.”

193: Effect of registration, or

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

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

Before entering a person's name in the register of building consent authorities, the chief executive must be satisfied that—
the person holds a current accreditation from a building consent accreditation body appointed under section 248; and
the person meets the prescribed criteria and standards for registration; and
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.

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—
holds an insurance policy that meets the minimum terms and conditions prescribed by regulations made under section 402; or
holds an insurance policy under a scheme of insurance approved by regulations made under section 402; or
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 14 April 2005, by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).
Section 192(1)(c): amended, on 14 April 2005, by section 3(5) of the Building Amendment Act 2005 (2005 No 31).