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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

197: Consequences of failure to meet criteria for registration

You could also call this:

“What happens if a building authority doesn't follow the rules anymore”

If the chief executive checks and finds that a building consent authority no longer meets the required standards, different things can happen depending on what type of authority it is.

For a building consent authority that isn’t a territorial authority or regional authority, the chief executive will pause its registration. This pause lasts until the authority proves it meets the standards again. The chief executive will record this pause in a special list. If the authority doesn’t meet the standards within 12 months (or a bit longer if allowed), the chief executive will cancel its registration and remove it from the list.

For a territorial authority or regional authority, the chief executive will suggest to the Minister that someone else should do some or all of their jobs instead.

If this happens to a territorial authority or regional authority, the rules in sections 277 to 281 will be used, with some changes to make them fit this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307803.

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196: Registration continuous so long as person meets criteria for registration, or

“A building consent authority stays registered as long as it keeps following the rules.”

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198: Effect of suspension, or

“When a building authority is suspended, they can't do their normal job, but might still be allowed to do some things if it's important for the public.”

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

197Consequences of failure to meet criteria for registration

  1. Subsection (2) or subsection (3) applies if, after making an assessment under section 196, the chief executive determines that a building consent authority no longer meets the criteria for registration.

  2. In the case of a building consent authority that is not a territorial authority or a regional authority,—

  3. the chief executive must—
    1. suspend the authority's registration until the authority satisfies the chief executive that the authority meets those criteria; and
      1. record the suspension in the register of building consent authorities; and
      2. if the authority does not so satisfy the chief executive within 12 months after the suspension, or any further period that the chief executive may determine, the chief executive must—
        1. revoke the authority's registration; and
          1. remove the authority's name from the register of building consent authorities.

          2. In the case of a territorial authority or a regional authority, the chief executive must recommend to the Minister that the Minister appoint 1 or more persons to act in the place of the territorial authority or, as the case may be, the regional authority in relation to all or any of its functions.

          3. If subsection (3) applies, sections 277 to 281 apply with all necessary modifications.

          Notes
          • Section 197(1): amended, on , by section 16(2)(g) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2): amended, on , by section 3(5) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(a)(i): amended, on , by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(a)(i): amended, on , by section 16(2)(k) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(a)(ii): amended, on , by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(b): amended, on , by section 16(2)(k) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(b)(i): amended, on , by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(b)(ii): amended, on , by section 16(2)(c) of the Building Amendment Act 2005 (2005 No 31).
          • Section 197(2)(b)(ii): amended, on , by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).