Plain language law

New Zealand law explained for everyone

Building Act 2004

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

207H: Power to enter investigation site

You could also call this:

“The chief executive can go into a building that failed to look for clues about why it happened, but they need to tell the owners and show proper ID.”

If you’re the boss of building investigations, you can go into a place where a building has failed if you think there’s evidence there that can help you figure out why it failed. You can bring equipment with you if you need to.

After you go in, you need to tell the owners and the people who live or work there that you went in. You should do this as soon as you can, but you don’t have to tell them before you take samples or other evidence.

When you or someone you’ve sent goes into the place, they need to show some things to the people there if asked. These things are:

  1. Something that proves who they are
  2. A letter from you saying they can go in
  3. If they’re going into someone’s home, they need to show a special permission slip called a warrant

You can read more about warrants to enter a household unit in section 207L.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299296.

Topics:
Housing and property > Home safety and repairs
Government and voting > Government departments
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207G: Power to secure investigation site, or

“The boss can keep people out of a building area to look for clues about why it broke”

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207I: Power to enter household unit, or

“The chief executive can only go into someone's home with permission or a special paper from a judge.”

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

207HPower to enter investigation site

  1. The chief executive may enter the investigation site, with or without equipment, if the chief executive reasonably considers that the investigation site contains evidence that may help determine the circumstances or causes of the building failure.

  2. The chief executive must, as soon as is reasonably practicable, give written notice to the owners and occupiers of the investigation site of the exercise of the power of entry, but the notice need not be given before samples, or other evidence, are taken from the site.

  3. Any person who enters the investigation site under the power of entry must, when first entering the site and on request at any other time, show the following to any occupier of the site:

  4. evidence of the person’s identity:
    1. the chief executive’s written authorisation to enter the site:
      1. if applicable, the warrant to enter a household unit.

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