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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

198: Effect of suspension

You could also call this:

“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.”

When a building consent authority’s registration is suspended, it can’t perform its usual duties for the suspension period. This means it’s not registered for the purposes of this Part and Part 2 of the Act.

Once the suspension ends, the authority can start working again right away, unless there’s another reason to keep it suspended or cancel its registration.

Even during a suspension, the chief executive can allow the building consent authority to do some limited tasks if it’s important for the public. For example, they might let the authority issue code compliance certificates for building consents that were approved before the suspension.

If the chief executive does allow some work during a suspension, they can set rules about what the authority can do. They can also change their mind and take away this permission at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307812.

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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

198Effect of suspension

  1. A building consent authority is not registered, for the purposes of this Part and Part 2, for the period for which the authority's registration is suspended under section 197(2).

  2. At the end of the period of suspension, the authority's registration is immediately revived (unless there is some other ground to suspend or revoke that authority's registration).

  3. Despite subsection (1), the chief executive may authorise a building consent authority to perform limited functions as a building consent authority during the period of suspension if the chief executive is satisfied that doing so is necessary in the public interest (for example, to enable code compliance certificates to be issued by the authority in respect of building consents that were granted before the date of suspension).

  4. An authority given under subsection (3) may—

  5. be subject to any conditions that the chief executive thinks fit; and
    1. be revoked by the chief executive at any time.

      Notes
      • Section 198(1): amended, on , by section 38(1) of the Building Amendment Act 2008 (2008 No 4).
      • Section 198(1): amended, on , by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
      • Section 198(2): amended, on , by section 16(2)(j) of the Building Amendment Act 2005 (2005 No 31).
      • Section 198(3): amended, on , by section 38(2)(a) of the Building Amendment Act 2008 (2008 No 4).
      • Section 198(3): amended, on , by section 38(2)(b) of the Building Amendment Act 2008 (2008 No 4).