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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Disciplinary powers in relation to complaints

203: Acceptance of complaints

You could also call this:

“This law explains how someone in charge decides if a complaint about someone else should be looked into further.”

When someone makes a complaint, the chief executive must tell the person the complaint is about as soon as possible. The chief executive then decides whether to accept the complaint or not.

The chief executive will accept the complaint if they think there might be reasons to take disciplinary action against the person complained about. However, they can choose not to accept the complaint if they think it’s not serious or doesn’t have good reasons for disciplinary action.

While deciding, the chief executive can ask the person complained about for information, but they don’t have to. The person can give information if asked.

If the complaint is accepted, the chief executive must tell both the person who made the complaint and the person complained about. They must then start investigating. They need to tell the person complained about why they think there might be reasons for disciplinary action and give them a chance to write a response.

If the complaint is not accepted, the chief executive must tell both people right away and explain why.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307830.

Topics:
Government and voting > Government departments
Crime and justice > Courts and legal help
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202: Complaints may be made to chief executive, or

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203A: Chief executive may initiate investigation, or

“The boss can start looking into problems, even if no one complained, if they think someone might have done something wrong.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Disciplinary powers in relation to complaints

203Acceptance of complaints

  1. As soon as practicable after receiving a complaint, the chief executive must—

  2. notify the respondent that the complaint has been made; and
    1. decide whether to accept the complaint.

      1. The chief executive must accept the complaint if the chief executive has reason to believe that there may be grounds for disciplinary action against the respondent.

      2. The chief executive may decline to accept the complaint if the chief executive—

      3. is satisfied that it is vexatious or frivolous; or
        1. otherwise does not believe there may be grounds for disciplinary action.

          1. In considering whether to accept the complaint,—

          2. the chief executive may, but is not required to, seek information or hear from the respondent; and
            1. the respondent may provide information or submissions if requested by the chief executive.

              1. If the complaint is accepted, the chief executive must, as soon as practicable,—

              2. notify the complainant and respondent of that decision; and
                1. commence investigating the complaint.

                  1. The notice must—

                  2. state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
                    1. set out those grounds; and
                      1. give the respondent a reasonable opportunity to make written submissions on the matter as part of the investigation.

                        1. If the complaint is not accepted, the chief executive must immediately notify the complainant and respondent of that decision and the reasons for it.

                        Notes
                        • Section 203: replaced, on , by section 51 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).