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Building Act 2004

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

207O: Sharing evidence or information with occupational bodies

You could also call this:

“The boss can share important information about building problems with groups that look after building workers.”

When the chief executive investigates a building failure, they might find evidence or information that is important for an occupational body. An occupational body is a group that’s set up by law to manage or control people who work in building design, construction, or maintenance.

If the chief executive thinks the information is relevant to what the occupational body does, they can share it with them. After sharing, the chief executive needs to tell the people involved by writing a notice. This notice explains what was shared, why it was shared, and which occupational body received it.

The chief executive doesn’t have to send a notice if they think it might get in the way of the occupational body’s investigation. The notice usually goes to the person the information is about. If the evidence came from an investigation site, the chief executive also needs to tell the owners and people living or working there.

When you investigate a building failure, you can collect evidence. If you take evidence from a site, there are special rules you need to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299304.

Topics:
Housing and property > Home safety and repairs
Work and jobs > Workplace safety
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207N: Restrictions on sharing evidence or information, or

“Rules about when and how people can share information collected during building failure investigations”

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207P: Report with findings of investigation, or

“The boss can share what they learned about why a building broke and how to make buildings safer”

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

207OSharing evidence or information with occupational bodies

  1. This section applies to any evidence or information that—

  2. is collected in the investigation of a building failure under section 207C; and
    1. the chief executive reasonably considers is relevant to an occupational body’s functions described in subsection (6)(b).

      1. The chief executive may provide the evidence or information to the occupational body.

      2. The chief executive must, as soon as is reasonably practicable after providing the evidence or information, give a written notice to—

      3. any person to whom the evidence or information relates; and
        1. if the evidence was taken from the investigation site under section 207J, the affected owners and occupiers of the investigation site.

          1. The notice must—

          2. describe what has been provided; and
            1. explain why it has been provided; and
              1. specify which occupational body it has been provided to.

                1. However, the chief executive need not give a notice if the chief executive reasonably considers that it would prejudice an investigation by the occupational body.

                2. In this section, occupational body means a body—

                3. that is established by or under an enactment; and
                  1. that administers discipline for, or regulates, an occupation involved in the design, construction, or maintenance of any building or works on any building.

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