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Building Act 2004

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

216: Territorial authority must keep information about buildings

You could also call this:

“ The local council must keep and share important information about buildings in your area ”

You need to know about the rules for keeping information about buildings. The local council, called a territorial authority, must keep information about buildings that people can easily access. This helps you understand what you need to do and how you can take part in things related to buildings.

The council has to keep many types of information. This includes plans and details that people give when they want to build something. They also keep records about building permits, how long a building is meant to last, and certificates that show a building follows the rules. The council keeps information from builders and building owners too.

Other important information includes court orders about buildings, information from other official groups, and complaints people have made about building problems. The council also keeps track of how they dealt with these complaints.

The council must keep most of this information for as long as the building exists. They keep records of complaints for at least 10 years. This helps make sure that important information about buildings is always available when it’s needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307859.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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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 ”

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217: Access to certain information kept by territorial authority, or

“You can ask to see certain building information held by your local council, but some details might be kept secret.”

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

216Territorial authority must keep information about buildings

  1. A territorial authority must keep reasonably available any information that is relevant to the administration of this Act to enable members of the public to—

  2. be informed of their obligations under this Act; and
    1. participate effectively under this Act.

      1. The information that must be kept by a territorial authority under subsection (1) includes—

      2. all plans and specifications submitted to the territorial authority in relation to an application for a building consent; and
        1. any of the following information issued or received by the territorial authority in respect of a building:
          1. project information memoranda:
            1. building consents:
              1. if applicable, the specified intended life of the building:
                1. code compliance certificates:
                  1. records of work and certificates of work provided by licensed building practitioners under section 45(2) or 88(1)(a):
                    1. statutory declarations provided by owner-builders:
                        1. compliance schedules:
                          1. building warrants of fitness:
                            1. energy work certificates relating to building work:
                              1. any other records that relate to the information referred to in subparagraphs (i) to (vii); and
                              2. any orders issued by the District Court under section 126 in respect of a building; and
                                1. any records of any information on any land or building received by the territorial authority from a statutory authority; and
                                  1. a summary of written complaints received by the territorial authority concerning alleged breaches of this Act or the former Act; and
                                    1. information on how the territorial authority dealt with each of the complaints referred to in paragraph (e); and
                                      1. all information provided to the territorial authority by a building consent authority under section 238.

                                        1. A territorial authority must keep the information referred to in—

                                        2. subsections (1) and (2)(a) to (d) and (g), at least for the life of the building to which the information relates; and
                                          1. subsection (2)(e) and (f), at least for 10 years from when each complaint was received by the territorial authority.

                                            Compare
                                              Notes
                                              • Section 216(2)(b)(iva): inserted, on , by section 40 of the Building Amendment Act 2008 (2008 No 4).
                                              • Section 216(2)(b)(iva): amended, on , by section 57(1) of the Building Amendment Act 2012 (2012 No 23).
                                              • Section 216(2)(b)(ivb): inserted, on , by section 57(2) of the Building Amendment Act 2012 (2012 No 23).
                                              • Section 216(2)(b)(ivc): repealed, on , by section 31 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).