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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

199: Offence to perform functions of building consent authority if not authorised

You could also call this:

“You can get in big trouble if you do building consent work without permission.”

If you are not a building consent authority, you must not do any of the jobs that a building consent authority does under this law.

If you are a building consent authority but not a territorial authority or regional authority, you must only do the jobs that you are allowed to do based on what you are approved for.

If you break these rules, you are committing a crime. If you are found guilty, you will have to pay a fine. If you are a person, the fine can be up to $300,000. If you are a company, the fine can be up to $1,500,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307817.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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200: Interpretation, or

“This part explains what certain words mean when talking about complaints against building groups.”

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

199Offence to perform functions of building consent authority if not authorised

  1. A person who is not a building consent authority must not perform any of the functions of a building consent authority under this Act.

  2. A person who is a building consent authority but not a territorial authority or regional authority must not perform any of the functions of a building consent authority under this Act that are not within the person’s scope of accreditation.

  3. A person who fails to comply with subsection (1) or (2)—

  4. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $300,000:
        1. in the case of a body corporate, to a fine not exceeding $1,500,000.

        Notes
        • Section 199: replaced, on , by section 50 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).