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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Appeal from chief executive's decisions

208: Appeals to District Court

You could also call this:

“You can ask a judge to look at some decisions about building if you don't agree with them.”

You can appeal to the District Court if the chief executive makes certain decisions. These decisions include:

  • Not giving you a national multiple-use approval
  • Making a determination under section 188
  • Telling you to pay costs under section 190(2)
  • Taking disciplinary action against you under section 203C
  • Not registering you as a building consent authority, product certification body, modular component manufacturer certification body, or modular component manufacturer
  • Suspending your registration for any of these roles
  • Not lifting a suspension for any of these roles
  • Not registering a product certificate
  • Suspending a product certificate
  • Not lifting a suspension of a product certificate

Different people can make these appeals:

  • If you applied for a national multiple-use approval and didn’t get it, you can appeal
  • If you asked for a determination or were part of one, you can appeal decisions about it
  • If disciplinary action was taken against you, you can appeal
  • If you applied to be registered for a role or your registration was suspended, you can appeal
  • If you own a building product or method with a certificate that wasn’t registered or was suspended, you can appeal

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307847.

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Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Appeal from chief executive's decisions

208Appeals to District Court

  1. The following decisions of the chief executive are subject to appeal to the District Court:

  2. refusing to issue a national multiple-use approval (see section 30F):
    1. making a determination under section 188:
      1. giving a direction as to costs under section 190(2):
        1. taking disciplinary action under section 203C:
          1. refusing to register a person as any of the following, or suspending or refusing to lift the suspension of any such registration:
            1. a building consent authority (see sections 191 and 197):
              1. a product certification body (see sections 267A, 267C(2), and 267D(2)):
                1. a modular component manufacturer certification body (see sections 272N, 272P(2), and 272Q(2)):
                  1. a modular component manufacturer (see sections 272Y, 272ZA(2), and 272ZB(2)):
                  2. refusing to register a product certificate or suspending, or refusing to lift the suspension of, the registration of a product certificate (see sections 272A, 272B(2), and 272C(2)).

                    1. The following people may appeal against those decisions:

                    2. if subsection (1)(a) applies, the applicant for approval:
                      1. if subsection (1)(b) or (c) applies, the applicant for the determination or any other party (as defined in section 176):
                        1. if subsection (1)(d) applies, the respondent against whom the action is taken:
                          1. if subsection (1)(e) applies, the applicant for registration or person whose registration is suspended:
                            1. if subsection (1)(f) applies, the proprietor of the building product or building method to which the certificate relates.

                              Notes
                              • Section 208: replaced, on , by section 56 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).