Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B

207BB: Powers of entry and inspection

You could also call this:

"People in charge can enter places to check if building rules are being followed"

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The chief executive can enter a place to check if people are following the rules. You might see them checking a building site or a building product. They can also enter premises to do an inspection. If you are at home or at a marae, there are special rules they must follow, which are explained in section 207BC. The chief executive must tell the owners and people living in the premises that they have entered. They must show you their identity and a letter from the chief executive saying they can enter. The chief executive is checking to see if people are following certain rules, such as those about product certification, modular component manufacturers, and building product information requirements. They want to make sure everyone is doing the right thing when it comes to building work and products.

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Part 3Regulatory responsibilities and accreditation
Responsibilities of chief executive: Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B

207BBPowers of entry and inspection

  1. The chief executive may exercise a power under this section for 1 or more of the following purposes (investigative purposes):

  2. determining whether a relevant provision has been, or is being, complied with:
    1. determining whether there are grounds for taking enforcement action to enforce a duty or an obligation under a relevant provision and deciding whether to do so.
      1. For investigative purposes, the chief executive may—

      2. inspect any of the following:
        1. a place at which building work is, or is proposed to be, carried out:
          1. building work that has been, or is being, carried out:
            1. any building or building product; and
            2. enter any premises for the purpose of carrying out an inspection under paragraph (a).
              1. However, if the premises is a household unit or marae, see section 207BC.

              2. As soon as practicable after entering premises under this section, the chief executive must give written notice to the owners and occupiers of the premises of the exercise of that power.

              3. A person who enters premises under this section must, when first entering the premises and on request at any other time, show the following to any occupier of the premises:

              4. evidence of the person’s identity:
                1. the chief executive’s written authorisation to enter the site:
                  1. if the premises is a household unit or marae, the warrant to enter the premises (if required).
                    1. In this section, relevant provision means a provision of any of the following:

                    2. subpart 7 of Part 3 (responsibilities relating to product certification):
                      1. subpart 7A of Part 3 (responsibilities relating to modular component manufacturers):
                        1. Part 4B (building product information requirements).
                          Notes
                          • Section 207BB: inserted, on , by section 55 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).