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Building Act 2004

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

207J: Power to inspect and take samples and evidence

You could also call this:

“The boss of building safety can look around and take things to find out why a building broke”

The chief executive can look at and take samples or other evidence from the place where a building failure is being investigated. They can take samples from the building itself, the land, other buildings, or personal property at the site. But they can only take personal property if they think it will help figure out why the building failed.

After taking samples or evidence, the chief executive must quickly tell the owners and people who use the building what they took, why they took it, and where they’re keeping it.

The chief executive has to give back any samples or evidence to the owner if they haven’t given it to a professional group, don’t need it anymore for the investigation, and if it’s possible to return it. If a professional group has the samples or evidence, they must return it when they’re done using it and if it’s possible to do so.

The chief executive or professional group doesn’t have to return samples or evidence if they think the owner doesn’t want it back. They can get rid of the samples or evidence if it doesn’t need to be returned or if it might be dangerous to people’s health.

Some parts of the Search and Surveillance Act 2012 also apply when taking samples or evidence. These are sections 152, 154, 155, and 159.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299298.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Police and safety
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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.”

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207K: Power to carry out works, or

“The person in charge can do work at the site to help them look into what happened”

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

207JPower to inspect and take samples and evidence

  1. The chief executive may inspect, and take samples or other evidence from, the investigation site.

  2. A sample or other evidence—

  3. may be taken from the building, or the land or other buildings, comprising the investigation site; or
    1. may be, or be taken from, any personal property at the investigation site, but only if the person taking it reasonably considers that the sample or evidence may help determine the circumstances or causes of the building failure.

      1. The chief executive must, as soon as is reasonably practicable, give written notice to the affected owners and occupiers of the investigation site—

      2. describing what has been or is being taken; and
        1. explaining why it has been or is being taken; and
          1. specifying where it will be kept.

            1. The chief executive must return a sample or other evidence to its owner if—

            2. the chief executive has not provided the evidence to an occupational body under section 207O; and
              1. the evidence is no longer required for the investigation; and
                1. it is practicable to do so.

                  1. The occupational body that has received a sample or other evidence under section 207O must return the evidence to its owner if—

                  2. the body no longer requires the evidence in performing its functions described in section 207O(6)(b); and
                    1. it is practicable to do so.

                      1. However, the chief executive or the occupational body need not return a sample or other evidence if the chief executive or body reasonably considers that the owner does not want it returned.

                      2. The chief executive or the occupational body may dispose of the sample or other evidence if—

                      3. it is not required to be returned; or
                        1. it is likely to be a risk to public health.

                          1. In addition, sections 152, 154, 155, and 159 of the Search and Surveillance Act 2012 apply in relation to any sample or other evidence taken, with any necessary modifications.

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