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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:

"What happens when you make a complaint about someone"

Illustration for Building Act 2004

When you make a complaint, the chief executive must tell the person you complained about as soon as possible. The chief executive then decides whether to accept your complaint. They must accept it if they think there might be a reason to take disciplinary action. If the chief executive accepts your complaint, they tell you and the person you complained about, and start investigating. They send a notice that explains why they think there might be grounds for disciplinary action. The person you complained about gets a chance to respond in writing. If the chief executive does not accept your complaint, they tell you and the person you complained about straight away, and explain why. You can find more information about the law that governs this process in the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021. The chief executive can refuse a complaint if they think it is vexatious or frivolous, or if they do not believe there are grounds for disciplinary action.

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

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Part 3Regulatory 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).