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Building Act 2004

Regulation of building practitioners - Building Practitioners Board - Rules

360: Rules to be approved by Minister

You could also call this:

“The Minister must check and say yes or no to the rules that the Board suggests.”

The Board needs to send the rules they want to make to the Minister for approval. When the Minister gets these rules, they need to tell the Board in writing if they approve the rules or not. They should do this as quickly as they can.

These rules are called secondary legislation. This means they are part of the law, but they’re not made by Parliament. You can find out more about how these rules are published in Part 3 of the Legislation Act 2019.

Even though the Board makes these rules, the law treats them as if the Minister made them. This happens when the Minister approves the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308691.

Topics:
Government and voting > Government departments
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359: Requirements of sections 355 to 358 relate to amendments and revocations by Board, or

“The rules for changing or cancelling a rule are the same as the rules for making a new rule.”

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361: Rules made when approved by Minister, or

“Rules become official when the Minister says they're okay.”

Part 4 Regulation of building practitioners
Building Practitioners Board: Rules

360Rules to be approved by Minister

  1. The Board must submit the proposed rules for the approval of the Minister.

  2. The Minister must, as soon as practicable after receiving a proposed rule for approval, by written notice to the Board,—

  3. approve it; or
    1. decline to approve it.

      1. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      2. That Act applies as if—

      3. the Minister were the maker of the rules; and
        1. the rules were made by the Minister approving them.

          Notes
          • Section 360(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 360(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).