Plain language law

New Zealand law explained for everyone

Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

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

You could also call this:

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

For sections 444 and 445, some parts of the old law still work as if the new law hadn’t been made. You can still use sections 54 to 57 from the old law.

If you get a building certificate under section 56 of the old law, a building consent authority must accept it as proof that you’ve followed the building code.

You can ask for a decision under section 177 if an approved building certifier gives you or doesn’t give you a building certificate or a code compliance certificate.

When you ask for this decision, sections 176 to 190 will be used, but they might be changed a bit to make them work for this situation.

In this part of the law, ‘party’ means what it says in section 176, and it also includes an approved building certifier.

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 It might be out of date or be missing some parts.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=DLM309332.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Previous

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

“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.”

Next

447: Transitional provision for certificate of accreditation issued under former Act, or

“Rules for old building material certificates that are now treated like new product certificates”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

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

  1. For the purposes of sections 444 and 445,—

  2. sections 54 to 57 of the former Act remain in force as if this Act had not been passed; and
    1. a building consent authority must accept, under section 19(1), a building certificate issued under section 56 of the former Act as establishing compliance with the building code; and
      1. a party may apply, under section 177, for a determination in relation to a decision by an approved building certifier to issue, or refuse to issue, a building certificate or a code compliance certificate.

        1. For the purposes of subsection (1)(c), sections 176 to 190 apply with all necessary modifications.

        2. In this section, party—

        3. has the meaning given by section 176; and
          1. includes an approved building certifier.