Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of building consent authority that is not territorial authority or regional authority

238: Duties of stand-alone building consent authority

You could also call this:

"What a stand-alone building consent authority must do to follow the law"

If you are a stand-alone building consent authority, you must do certain things when performing your functions under Part 2. You must get a project information memorandum before granting a building consent. You must also give Fire and Emergency New Zealand a copy of every application for a building consent of a certain kind, which is specified by notice under section 46.

You must give the territorial authority for the relevant district copies of certain information. This includes information about building consent applications you accept, decisions you make about building consents, and decisions you make about code compliance certificates. You must give this information to the territorial authority within 5 working days.

If you fail to do these things, you commit an offence. If you are found guilty, you can be fined up to $5,000. If you keep committing the offence, you can be fined an extra $500 for each day you continue to commit it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307892.


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238A: Information to be supplied by stand-alone building consent authority, or

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Part 3Regulatory responsibilities and accreditation
Responsibilities of building consent authority that is not territorial authority or regional authority

238Duties of stand-alone building consent authority

  1. A stand-alone building consent authority must, in performing its functions under Part 2,—

  2. obtain a project information memorandum before granting a building consent; and
    1. provide to Fire and Emergency New Zealand a copy of every application for a building consent of a kind specified by notice under section 46; and
      1. provide to the territorial authority for the relevant district copies of,—
        1. in a case where the building consent authority accepts a building consent application, the information set out in section 238A(1) within 5 working days after the date of acceptance; and
          1. in a case where the building consent authority decides whether or not to issue a building consent, the information set out in section 238A(2) within 5 working days after the date of the decision; and
            1. in a case where the building consent authority decides whether or not to issue a code compliance certificate, the information in section 238A(3) within 5 working days after the date of the decision; and
              1. the information listed in section 238A(4) within 5 working days after the date the information is issued or received by the stand-alone building consent authority.
              2. A stand-alone building consent authority commits an offence if it fails to comply with subsection (1).

              3. A stand-alone building consent authority that commits an offence under this section is liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues.

              Notes
              • Section 238: replaced, on , by section 26 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).