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Building Act 2004

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

203C: Disciplinary powers of chief executive

You could also call this:

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

If the chief executive believes there are reasons to take disciplinary action, they can do one or more of these things:

You can be given a warning.

You might be told to fix something specific.

The chief executive can limit what you’re allowed to do under this law.

If you’re a building consent authority that is a territorial or regional authority, the chief executive can suggest to the Minister that someone else should do your job.

If you’re not a building consent authority, the chief executive can stop you from working or take away your registration.

If you’ve done something wrong with product certification, the chief executive can stop you from being a product certification body and stop the registration of any product certificates you’re responsible for.

If you’ve done something wrong with modular component manufacturer certification, the chief executive can stop you from being a modular component manufacturer certification body and stop the registration of any registered modular component manufacturers you’re responsible for.

When the chief executive tells you to fix something, they can set time limits, add conditions, and ask you to report back on your progress.

If the chief executive recommends someone else do your job, some specific rules apply.

If the chief executive stops you from working or takes away your registration, they must update the official list of registered people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS751234.

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“The chief executive can check on building authorities and experts, ask for information, and inspect places to make sure everyone is following the building rules.”

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

203CDisciplinary powers of chief executive

  1. If satisfied that there are grounds for disciplinary action, the chief executive may do 1 or more of the following:

  2. issue a warning to the respondent:
    1. require the respondent to take specified remedial action:
      1. impose limits on the functions that the respondent may perform under this Act:
        1. if the respondent is a building consent authority that is a territorial authority or regional authority, recommend to the Minister that the Minister appoint 1 or more persons to act in the place of the respondent in relation to any or all of its functions under this Act:
          1. if paragraph (d) does not apply, suspend or revoke the respondent’s registration:
            1. if the ground for the disciplinary action is that set out in section 201(c), either or both of the following:
              1. under section 267C(2)(b), suspend the person’s registration as a product certification body:
                1. under section 272B(2)(a), suspend the registration of any product certificate for which the person is the responsible PCB:
                2. if the ground for the disciplinary action is that set out in section 201(d), either or both of the following:
                  1. under section 272P(2)(b), suspend the person’s registration as an MCMCB:
                    1. under section 272ZA(2)(b), suspend the registration of any registered MCM for whom the person is the responsible MCMCB.

                    2. A requirement imposed under subsection (1)(b) may include any of the following:

                    3. time limits for the taking of the remedial action:
                      1. any conditions the chief executive thinks fit:
                        1. requirements for the respondent to report to the chief executive on the progress of the remedial action.

                          1. If the chief executive acts under subsection (1)(d), sections 277 to 281 apply with all necessary modifications.

                          2. If the chief executive acts under subsection (1)(e) or (f), the chief executive must update the relevant register kept under section 273 accordingly.

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