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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Powers of chief executive to investigate building failures

207D: Powers of investigation: purpose and investigation site

You could also call this:

“The chief executive can investigate a building failure to learn from it and make better decisions about buildings and their safety.”

When there’s a building failure, the chief executive can use special powers to investigate. These powers are described in sections 207G to 207M of the law. You can use these powers to find out why the building failed and what caused it.

The reason for using these powers is to learn from what happened. This information helps make decisions about how to use the Building Act. It also helps prevent other buildings from failing in the future.

You can only use these powers in certain areas. These areas are called the “investigation site”. The investigation site includes the building that failed, or part of it. It can also include the land under and around the building. If there are other buildings on that land that might be related to the failure, you can investigate those too.

Remember, you can only use these powers to investigate the building failure. You can’t use them for any other reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299292.

Topics:
Housing and property > Home safety and repairs
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207C: Investigation of building failure, or

“The government can look into buildings that break or don't work right if it might hurt people badly.”

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207E: Limits to powers of investigation, or

“The boss can only look into building problems in a fair way and must not stop people from helping in emergencies.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Powers of chief executive to investigate building failures

207DPowers of investigation: purpose and investigation site

  1. In investigating a building failure under section 207C, the chief executive may exercise the powers in sections 207G to 207M (the powers of investigation).

  2. The powers may be exercised only to investigate the circumstances and causes of the building failure for the purpose of—

  3. learning from the building failure; and
    1. informing decisions about the performance of functions and duties and the exercise of powers under this Act; and
      1. informing decisions about any matters related to building to help prevent other building failures.

        1. The powers may be exercised only in relation to the investigation site, which means—

        2. all or part of the building; and
          1. any of the following that the chief executive reasonably considers relevant to the building failure:
            1. land under or around the building:
              1. any other building on that land.

              Notes
              • Section 207D: inserted, on , by section 20 of the Building Amendment Act 2019 (2019 No 27).