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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Power to require information and documents

207BA: Sharing of information

You could also call this:

“The boss can share important information with other authorities if they need it to do their job.”

The chief executive can share important information with other regulatory bodies if they think it’s needed for their work. This information is called ‘relevant evidence’.

When the chief executive shares this information, they need to tell the people involved. They must write a letter to the person the information is about and the person who gave the information (if it’s different).

The letter needs to say what information was shared, which regulatory body got it, and why it was shared. But if telling people might cause problems for the regulatory body’s work, the chief executive doesn’t have to send the letter.

A regulatory body can be the chief executive or Ministry working under another law, someone else working under this law, or any other group set up by law to deal with building products, methods, designs, or work.

‘Relevant evidence’ means information or documents that were gotten using section 207A, or could have been gotten that way but were actually gotten another way.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS751700.

Topics:
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Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power to require information and documents

207BASharing of information

  1. The chief executive may provide relevant evidence to a regulatory body if the chief executive reasonably considers that the evidence is reasonably required by the regulatory body in the exercise of its powers or performance of its functions.

  2. As soon as practicable after doing so, the chief executive must give written notice to—

  3. any person to whom the evidence relates; and
    1. if it was obtained under section 207A from someone else, that other person.

      1. The notice must—

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

            1. However, the chief executive need not give a notice if the chief executive reasonably considers that it would prejudice the exercise or performance by the regulatory body of its powers or functions.

            2. In this section,—

              regulatory body means any of the following:

              1. the chief executive or Ministry exercising powers or performing functions under another Act:
                1. another person or body exercising powers or performing functions under this Act:
                  1. any other person or body established by or under an enactment exercising powers or performing functions in relation to building products, building methods, building designs, or building work

                    relevant evidence means information or documents that are obtained under section 207A or that could have been obtained under that section but were in fact obtained by other means.

                    Notes
                    • Section 207BA: inserted, on , by section 55 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).