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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

432: Transitional provision for certain applications

You could also call this:

“Old building applications are handled differently when new rules start”

This law tells you what happens to certain applications that were made before this new law came into effect. If you applied for a project information memorandum, a building consent, or accreditation for a building item under the old law, but haven’t received an answer yet, this is what you need to know:

Your application for a project information memorandum will be treated as if you made it under section 31 or section 32 of the new law.

If you applied for a building consent, it will be handled as if you applied under section 45 of the new law.

If you asked for accreditation of a building item, your application will be decided as if the old law was still in place. The old rules for this process will still apply, and if you get a certificate, it will be treated like a product certificate under section 269 of the new law.

This helps make sure that your application is still valid and will be processed, even though the law has changed.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309315.

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Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

432Transitional provision for certain applications

  1. This section applies if, before the commencement of this section,—

  2. an application for a project information memorandum is made under section 30(1) of the former Act and the project information memorandum has not been issued; or
    1. an application for a building consent is made under section 33 of the former Act and the building consent has not been granted or refused; or
      1. an application for the accreditation of any proprietary item (being a material, method of construction, design, or component relating to building work) is made under section 58 of the former Act but is not determined or withdrawn.

        1. On and from the commencement of this section,—

        2. the application referred to in subsection (1)(a) must be treated as if it were an application, as the case may be, under section 31 or section 32; and
          1. the application referred to in subsection (1)(b) must be treated as if it were an application under section 45; and
            1. the application referred to in subsection (1)(c) must be determined as if this Act had not been passed.

              1. For the purposes of subsection (2)(c),—

              2. section 59 of the former Act remains in force as if this Act had not been passed; and
                1. a certificate of accreditation issued under that section must be treated as if it were a product certificate issued under section 269.