Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Functions, duties, and powers of territorial authorities generally

214: How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority

You could also call this:

“This law explains who is responsible when a local council gets someone else to do building checks for them.”

If your local council asks another building authority to do some of its jobs, the council is still responsible if that other authority makes mistakes. This means if something goes wrong, people can still hold your council accountable.

However, your council and the other building authority can decide between themselves how to share this responsibility. They can choose how much each of them should be liable for any problems. This agreement is up to them to work out in a way they both think is fair.

Remember, this only applies when your council has officially arranged for another building authority to take on some of its duties. It’s a way for councils to get help with their building-related tasks while still being ultimately responsible to the public.

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 It might be out of date or be missing some parts.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=DLM307857.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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213: Territorial authority may make arrangements relating to functions of building consent authority, or

“Local councils can do building consent work themselves or get other groups to help them”

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215: Territorial authority must gain accreditation and be registered, or

“ A city or town council must get approved and officially listed to do building work ”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Functions, duties, and powers of territorial authorities generally

214How liability apportioned if territorial authority makes arrangements relating to functions of building consent authority

  1. If a territorial authority makes an arrangement under section 213(1) for another building consent authority to perform all or any of the territorial authority's functions on its behalf,—

  2. the territorial authority is liable for the acts and omissions of the other building consent authority when the other building consent authority is acting in that capacity; but
    1. the territorial authority and building consent authority may apportion the liability—
      1. as between themselves; and
        1. as they see fit.