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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:

“ This law explains when local councils can approve building plans while they get ready for new rules. ”

You can think of a territorial authority as your local council. During a special time, your council can act like a building consent authority. This means they can approve building plans, even for dams, even if they’re not officially registered to do so yet.

This special time starts when Part 2 of the Building Act 2004 begins. It ends when one of two things happens: either the council gets registered (or is refused registration) as a building consent authority, or on 31 March 2009, whichever comes first.

If your council is registered as a building consent authority, they must approve building plans for dams in their area until a certain time. This time is either just before 31 March 2009, or when the regional authority (like a bigger council) takes over this job.

When your council acts as a building consent authority during this time, they have all the same powers and duties as if they were officially registered. The Building Act applies to them with some changes to make it work.

The government can change the end date of this special time if they need to. If they do, they’ll make an official order to say so.

This rule is more important than some other rules in the Building Act, specifically sections 14 and 193.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309336.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Town planning
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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.”

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“This law explains how old rules for pool fences can still be used to make sure pools are safe.”

Part 5 Miscellaneous 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).