Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

450: When territorial authority may and must act as building consent authority during transition to this Act

You could also call this:

"What happens to building consents when a new law starts and who is in charge"

When a new law starts, you might wonder what happens to the people in charge of building consents. A territorial authority can act as a building consent authority even if they are not yet registered under section 191. This can happen during a certain period of time.

The period of time starts when Part 2 of the law begins and ends on the earlier of two dates. One date is when the territorial authority's application for registration under section 191 is granted or refused. The other date is 31 March 2009.

If a territorial authority is registered under section 191, they must act as a building consent authority for dams in their area. This is until a certain time, which is the earlier of two times. One time is the day before 31 March 2009, and the other time is when the regional authority takes over the functions.

When a territorial authority acts as a building consent authority, they have all the functions, duties, and powers of a building consent authority under the law. The law applies to them with some changes. The Governor-General can change the date of 31 March 2009 to a later date if needed. Any order made by the Governor-General is secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019. This section of the law overrides sections 14 and 193.

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Part 5Miscellaneous provisions
Transitional provisions: Other transitional provisions

450When territorial authority may and must act as building consent authority during transition to this Act

  1. A territorial authority may, during the period specified in subsection (3), act as a building consent authority (including in relation to a dam) even though the territorial authority has yet to be registered under section 191.

  2. Repealed
  3. The period is the period that—

  4. begins on the date of commencement of Part 2; and
    1. ends on the earlier of—
      1. the date on which an application for registration by the territorial authority under section 191 is granted or refused; or
        1. 31 March 2009.
        2. A territorial authority that is registered under section 191 must, until the time specified in subsection (3B), act as a building consent authority in relation to a dam within the territorial authority's district.

        3. The time is the earlier of the following:

        4. the close of the day before the date specified in subsection (3)(b)(ii); and
          1. the time at which the regional authority whose region includes the territorial authority's district—
            1. is registered under section 191; or
              1. transfers its functions as a building consent authority in relation to dams in that district to another regional authority, under subpart 4 of Part 3 of this Act or subpart 2 of Part 3 of the Local Government Act 2002.
              2. If a territorial authority acts as a building consent authority under subsection (1) or (3A),—

              3. the territorial authority must be taken to have all the functions, duties, and powers of a building consent authority under this Act; and
                1. this Act applies with all necessary modifications.
                  1. The Governor-General may, by Order in Council, before the date specified in subsection (3)(b)(ii), specify a later date in substitution for that date.

                  2. An order under subsection (3D) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  3. This section overrides sections 14 and 193.

                  Notes
                  • Section 450 heading: amended, on , by section 5(4) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(2): repealed, on , by section 5(5) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(3)(b)(ii): amended, on , by clause 3 of the Building (Building Consent Authority Transition) Order 2008 (SR 2008/147).
                  • Section 450(3A): inserted, on , by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(3B): inserted, on , by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(3C): inserted, on , by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(3D): inserted, on , by section 5(2) of the Building (Consent Authorities) Amendment Act 2007 (2007 No 34).
                  • Section 450(3E): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).