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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

203B: Investigation

You could also call this:

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

When someone complains about a building-related issue, the chief executive might start an investigation. If this happens, here’s what you need to know:

The chief executive must look at any statements you make about the complaint. They can also look into the issue in any way they think is right.

After the investigation, if the chief executive thinks there’s a good reason to take action against you, they can do so. They’ll let you and the person who complained know what they found out and what they’re going to do about it.

If the chief executive decides to make the complaint public, they’ll tell you and the person who complained about this too.

Remember, this is all part of the law to make sure building work is done properly and safely in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS751232.

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203A: Chief executive may initiate investigation, or

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

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203C: Disciplinary powers of chief executive, or

“The boss can give warnings, set limits, or stop people from working if they break the rules.”

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

203BInvestigation

  1. This section applies to an investigation commenced under section 203(5)(b) or 203A(2)(b).

  2. In conducting the investigation, the chief executive—

  3. must consider the submissions (if any) made by the respondent in accordance with the notice under section 203(6) or 203A(3); and
    1. may otherwise conduct the investigation as the chief executive considers appropriate.

      1. After conducting the investigation, if the chief executive is satisfied that there are grounds for disciplinary action against the respondent, the chief executive may take action under section 203C.

      2. The chief executive must notify the complainant (if any) and respondent of—

      3. the outcome of the investigation; and
        1. the disciplinary action (if any) being taken (if action is taken under section 203C(1)(f), see also section 272B(3)).

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