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Building Act 2004

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

207E: Limits to powers of investigation

You could also call this:

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

You need to know about the limits on the chief executive’s powers when investigating building failures. The chief executive can only use these powers when it’s reasonable to do so. If there are specific requirements for using a power, they must be met. The investigation should only last as long as needed and be done in a reasonable way. Even if the investigation might damage the site, the chief executive can still carry it out. However, the chief executive must make sure the investigation doesn’t get in the way of any efforts to save lives or prevent injuries. These rules help balance the need for investigating building failures with protecting people’s safety and property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299293.

Topics:
Housing and property > Home safety and repairs
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207D: Powers of investigation: purpose and investigation site, or

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

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207F: Assistance with investigation, or

“The boss can get help from others to look into building problems, but must set rules for helpers.”

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

207ELimits to powers of investigation

  1. The chief executive may exercise a power of investigation only if—

  2. it is reasonable in the circumstances to do so; and
    1. for the exercise of a power that has specific requirements, those requirements are satisfied.

      1. A power of investigation may be exercised for no longer than is reasonable, and only in a way that is reasonable, in the circumstances.

      2. However, a power of investigation may be exercised even if it damages the investigation site.

      3. The chief executive must ensure that the investigation of a building failure does not interfere with any activity whose purpose is to preserve the life of, or prevent injury to, an individual.

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