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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

448: Transitional provision for proceedings under former Act

You could also call this:

“This explains how old building law cases that started before the new law came in will be finished using the old rules.”

This law talks about what happens to certain legal cases that started before the new Building Act 2004 came into effect. It covers two types of cases: those about building certifiers under sections 54 or 55 of the old law, and those under Part 9 of the old law, including court cases about decisions made under section 17.

If any of these cases had started but weren’t finished when the new law began, they need to be continued and finished under the old law. This means that even though there’s a new law, these specific cases will be treated as if the new law doesn’t exist.

This rule helps make sure that cases that were already in progress don’t get confused or disrupted by the change in laws. It keeps things fair for the people involved in these cases by letting them finish under the same rules they started with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309334.

Topics:

Housing and property > Home safety and repairs

Government and voting > Government departments

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”

449: Territorial authorities and regional authorities must apply to be registered by 31 May 2006, or

“Local governments need to sign up for a special list by a certain date.”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

448Transitional provision for proceedings under former Act

This section applies to the following proceedings:
proceedings under section 54 or section 55 of the former Act in relation to a building certifier; and
proceedings under Part 9 of the former Act (including court proceedings related to an application for a determination under section 17 of that Act).

Any proceedings to which this section applies that were commenced, but not completed, before the date of commencement of this section must be continued and completed in all respects under the former Act as if this Act had not been passed.