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Building Act 2004

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

238: Duties of building consent authority

You could also call this:

“The building consent authority must follow rules when approving buildings and share information with other important groups.”

When you are a building consent authority, you have important jobs to do under Part 2 of the Building Act. First, you need to get a project information memorandum before you can give someone a building consent. You also have to give Fire and Emergency New Zealand a copy of every building consent application that they need to know about.

You must provide lots of information to the local council (territorial authority) for the area where the building is. This includes plans and specifications for building consent applications, and other important documents like building consents, code compliance certificates, and building warrants of fitness. You also need to give them information about the intended life of buildings, declarations from owner-builders, and records of work from licensed building practitioners.

You have to share information you get from other official organisations about land or buildings. You need to tell the council about any money you collect under section 53. You also have to give details about your own organisation, like your name and contact address, what you’re allowed to do, and how you can pay for any mistakes you might make.

You must give all this information to the council within 5 working days after you get or create it. If you don’t do this, you’re breaking the law. If you’re found guilty of not sharing the information in time, you might have to pay a fine of up to $5,000. If you keep breaking the rule, you might have to pay up to $500 more for each day you don’t follow the law.

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

238Duties of building consent authority

  1. A 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 the information referred to in subsection (2).

        1. The information is—

        2. plans and specifications submitted to the building consent authority in relation to an application for a building consent; and
          1. the following information issued or received by the building consent authority in respect of a building:
            1. project information memoranda:
              1. building consents:
                1. code compliance certificates:
                  1. compliance schedules:
                    1. if applicable, the intended life of the building:
                      1. statutory declarations provided by an owner-builder:
                        1. records of work and certificates of work provided by licensed building practitioners under section 45(2) or 88(1)(a):
                          1. building warrants of fitness:
                            1. energy work certificates:
                              1. notices to fix:
                                1. any other records that relate to the information referred to in subparagraphs (i) to (vii); and
                                2. records of any information on any land or building received by the building consent authority from a statutory authority; and
                                  1. details about any levy collected under section 53; and
                                    1. the following information about the building consent authority:
                                      1. the name and contact address of the building consent authority:
                                        1. the scope of accreditation of the building consent authority:
                                          1. whether the building consent authority has adequate means to cover any civil liabilities that may arise in the performance of its functions, and, if so, what those means are.

                                          2. A building consent authority must provide the copies of the information to the territorial authority for the relevant district within 5 working days after the building consent authority issues or receives the information.

                                          3. A building consent authority commits an offence if it fails to comply with subsection (3).

                                          4. A 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 has continued.

                                          Notes
                                          • Section 238(1)(b): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                          • Section 238(2)(b)(iva): inserted, on , by section 62(2) of the Building Amendment Act 2012 (2012 No 23).
                                          • Section 238(2)(b)(ivb): inserted, on , by section 62(2) of the Building Amendment Act 2012 (2012 No 23).
                                          • Section 238(2)(b)(ivc): inserted, on , by section 62(2) of the Building Amendment Act 2012 (2012 No 23).
                                          • Section 238(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).