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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Powers of territorial authority to carry out inspections and enter land

222: Inspections by territorial authority

You could also call this:

“Special officers can check buildings and land to make sure they are safe and follow the rules.”

You can expect a person called an authorised officer to inspect building work and enter buildings at any time during normal working hours or while building work is happening. They can look at land where building work is happening or planned, check on building work being done, inspect any building, and look at residential pools.

The authorised officer can go into buildings to inspect them, to see if they are dangerous or unhealthy, or to check if they might fall down in an earthquake. They can also enter to make sure swimming pool safety rules are being followed.

When the authorised officer comes onto your private property, they must show you proof of who they are if you ask them to.

An authorised officer is someone from the local council who is allowed to do inspections or enter land. They might be allowed to do this because of this law or because a court said they could.

When they do an inspection, they are checking things like whether building work is being done without permission, if the work follows the rules, if swimming pool safety rules are being followed, and if any problems they found before have been fixed. They also make sure that buildings with special systems are following their safety plans.

The inspections also help the local council find buildings that might be dangerous, likely to fall in an earthquake, or unhealthy. This lets the council do what it needs to about these buildings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307867.

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“The local council can make you pay for building work they do on your property if you don't do it yourself.”

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223: Duty to assist inspections, or

“You must help the inspector check your building or building work.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Powers of territorial authority to carry out inspections and enter land

222Inspections by territorial authority

  1. An authorised officer is entitled, at all times during normal working hours or while building work is being carried out,—

  2. to inspect—
    1. land on which building work is or is proposed to be carried out; and
      1. building work that has been or is being carried out on or off the building site; and
        1. any building; and
          1. any residential pool (or the immediate pool area); and
          2. to enter premises for—
            1. the purpose of inspecting the building; or
              1. the purpose of determining whether the building is dangerous or insanitary within the meaning of subpart 6 of Part 2; or
                1. the purpose of determining whether the building or a part of the building is earthquake prone or potentially earthquake prone within the meaning of subpart 6A of Part 2; and
                2. to enter premises for the purpose of determining whether section 162C is being complied with.

                  1. An authorised officer must, on entering private land under subsection (1), and when requested at any subsequent time, produce to the occupier of the land written evidence of the authorised officer's identity.

                  2. The powers conferred by this section are in addition to, and do not limit, the powers conferred by section 173 of the Local Government Act 2002.

                  3. In this section and sections 223 to 228,—

                    authorised officer means an officer of a territorial authority to whom either or both of the following applies:

                    1. he or she is authorised to carry out inspections; or
                      1. he or she is authorised to enter land—
                        1. by this Act; or
                          1. by an order of the District Court made under section 227

                          inspection means the taking of all reasonable steps—

                          1. to determine whether—
                            1. building work is being carried out without a building consent; or
                              1. building work is being carried out in accordance with a building consent; or
                                1. section 162C is being complied with; or
                                  1. a notice to fix has been complied with:
                                  2. to ensure that,—
                                    1. in relation to buildings for which a compliance schedule is issued, the inspection, maintenance, and reporting procedures stated in the compliance schedule are being complied with; or
                                      1. in relation to buildings that have specified systems, the requirement for a compliance schedule is being complied with:
                                      2. to enable a territorial authority to—
                                        1. identify dangerous, earthquake-prone, or insanitary buildings within its district; and
                                          1. carry out its functions or duties in relation to those buildings:
                                          2. to satisfy a territorial authority as to whether a certificate of acceptance for building work should be issued under section 96.

                                          Compare
                                            Notes
                                            • Section 222(1)(a)(iv): inserted, on , by section 15(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                            • Section 222(1)(b)(ii): replaced, on , by section 33 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                            • Section 222(1)(b)(iii): inserted, on , by section 33 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                            • Section 222(1)(c): inserted, on , by section 15(3) of the Building (Pools) Amendment Act 2016 (2016 No 71).
                                            • Section 222(4) inspection paragraph (a)(iia): inserted, on , by section 15(4) of the Building (Pools) Amendment Act 2016 (2016 No 71).