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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

445: What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006

You could also call this:

“If a building certifier doesn't ask to be registered by a certain date, they can't take new jobs and must finish or pass on old ones.”

If you are an approved building certifier and you don’t apply to be registered as a building consent authority by 31 May 2006, you can’t accept any new applications for building certificates or code compliance certificates after that date.

If someone applied for one of these certificates before 31 May 2006, you can still issue it until 30 November 2007.

If you haven’t issued or refused a certificate by 30 November 2007, you need to pass the application to a building consent authority or territorial authority.

When a building consent authority or territorial authority gets an application that you’ve passed to them, they can issue a code compliance certificate under section 95.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309331.

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444: What happens if approved building certifier applies to be registered as building consent authority by 31 May 2006, or

"Certified building checkers can still approve buildings while becoming official authorities"

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446: Certain provisions of former Act apply for purposes of sections 444 and 445, or

"Old building rules still apply for some special cases to help with building approvals and solving problems."

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

445What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006

  1. If an approved building certifier does not apply to be registered as a building consent authority by 31 May 2006, the approved building certifier must not, after the close of that date, accept any further applications for—

  2. a building certificate under section 56 of the former Act; or
    1. a code compliance certificate under section 95.

      1. An approved building certifier may, in respect of an application for a certificate referred to in subsection (1) that was made before the close of 31 May 2006, issue the certificate until the close of 30 November 2007.

      2. However, an approved building certifier must arrange for any other application for a certificate referred to in subsection (1) to be transferred to a building consent authority or territorial authority if the certificate has not been issued or refused by 30 November 2007.

      3. A building consent authority or a territorial authority to whom an application is transferred under subsection (3) may issue a code compliance certificate under section 95.