Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Enforcement powers of chief executive

204: Special powers of chief executive for monitoring performance of functions under this Act

You could also call this:

“The chief executive can check on building authorities and experts, ask for information, and inspect places to make sure everyone is following the building rules.”

The chief executive has special powers to monitor how well certain groups are doing their jobs under this Act. These groups include territorial authorities, regional authorities, and disciplinable entities. The chief executive can also look into complaints, review territorial authorities, and help the Minister decide if a territorial authority isn’t doing its job properly.

To do this, the chief executive can access all the important information these groups have. They can go to places where this information is kept. The chief executive can ask these groups to give them information or answer questions about their work under this Act.

The chief executive can also ask anyone who has important information to give it to them. They can enter land or buildings with necessary equipment to do surveys, inspections, investigations, reviews, tests, and measurements.

However, the chief executive can’t ignore any laws that stop certain information from being shared. They also can’t enter someone’s home without permission.

In this section, ‘important information’ means any information that relates to how territorial authorities, regional authorities, or disciplinable entities are doing their jobs under this Act.

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 It might be out of date or be missing some parts.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=DLM307842.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
Business > Industry rules
Previous

203C: Disciplinary powers of chief executive, or

“The boss can give warnings, set limits, or stop people from working if they break the rules.”

Next

205: Limits on power to enter land or building, or

“Rules about when and how officials can go into someone's property to check things”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Enforcement powers of chief executive

204Special powers of chief executive for monitoring performance of functions under this Act

  1. The purpose of this section is to enable the chief executive to—

  2. monitor the performance of functions under this Act by any of the following:
    1. a territorial authority:
      1. a regional authority:
        1. a disciplinable entity (as defined in section 200); and
        2. exercise the chief executive’s powers under sections 200 to 203C in relation to complaints and investigations; and
            1. carry out the review of territorial authorities under section 276; and
              1. assist the Minister in determining whether to exercise the Minister's power under section 277 (which relates to the non-performance of functions by a territorial authority).

                1. For the purpose of this section, the chief executive—

                2. must have full access at all reasonable times to—
                  1. all relevant information that is in the possession or control of a territorial authority, regional authority, or disciplinable entity; and
                    1. any place where that information is kept:
                    2. may require a territorial authority, regional authority, or disciplinable entity to do any of the following within a reasonable time specified by the chief executive in writing:
                      1. supply any relevant information:
                        1. answer any question that relates to the performance of functions under this Act:
                          2. may, by written notice, require any person having possession or control of any relevant information to supply to the chief executive, in a manner and within a reasonable time specified in the notice, all or any of the information:
                            1. may enter and re-enter any land or building, with any appliances, machinery, and equipment that are reasonably necessary, to—
                              1. carry out any surveys, inspections, investigations, reviews, tests, and measurements that are reasonably necessary for the purposes of this section; and
                                1. generally do any other things that are reasonably necessary to enable the surveys, inspections, investigations, reviews, tests, and measurements to be carried out.

                                2. Subsection (2) does not—

                                3. limit any Act that imposes a prohibition or restriction on the availability of any information; or
                                  1. authorise the chief executive, or any person acting on behalf of the chief executive, to enter any household unit being used as such without the permission of the occupier of the household unit.

                                    1. In this section, relevant information means any information (of any description and in any form) that relates to the performance of a function under this Act by a territorial authority, regional authority, or disciplinable entity.

                                    Compare
                                      Notes
                                      • Section 204(1)(a): replaced, on , by section 53(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(1)(aa): replaced, on , by section 53(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(1)(ab): repealed, on , by section 53(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(2)(a)(i): amended, on , by section 53(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(2)(b): replaced, on , by section 52(2) of the Building Amendment Act 2013 (2013 No 100).
                                      • Section 204(2)(b): amended, on , by section 53(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(2)(b)(iii): repealed, on , by section 53(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                      • Section 204(2)(c): replaced, on , by section 52(2) of the Building Amendment Act 2013 (2013 No 100).
                                      • Section 204(2)(d): replaced, on , by section 52(2) of the Building Amendment Act 2013 (2013 No 100).
                                      • Section 204(4): replaced, on , by section 53(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).