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New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Disciplinary powers in relation to complaints

203A: Chief executive may initiate investigation

You could also call this:

“The boss can start looking into problems, even if no one complained, if they think someone might have done something wrong.”

If you’ve done something wrong in the building industry, the chief executive can start looking into it. They don’t need someone to make a complaint first. They just need to have good reasons to think you might have done something wrong.

When the chief executive decides to investigate, they have to do two things quickly. First, they need to tell you that they’re going to investigate. Second, they need to start the investigation.

The notice they send you must say three things. It needs to say that the chief executive thinks there might be reasons to take action against you. It also needs to tell you what those reasons are. Finally, it must give you a fair chance to write back and explain your side of the story.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS751228.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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203: Acceptance of complaints, or

“This law explains how someone in charge decides if a complaint about someone else should be looked into further.”

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203B: Investigation, or

“This explains how someone looks into a problem and decides what to do about it.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Disciplinary powers in relation to complaints

203AChief executive may initiate investigation

  1. If the chief executive believes on reasonable grounds that there may be grounds for disciplinary action against a disciplinable entity, the chief executive may decide to investigate the matter without a complaint being made.

  2. After deciding to investigate, the chief executive must, as soon as practicable,—

  3. notify the respondent of that decision; and
    1. commence investigating the matter.

      1. The notice must—

      2. state that the chief executive has reason to believe that there may be grounds for disciplinary action; and
        1. set out those grounds; and
          1. give the respondent a reasonable opportunity to make written submissions on the matter.

            Notes
            • Section 203A: inserted, on , by section 51 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).