Plain language law

New Zealand law explained for everyone

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:

“The law allows people to check buildings and building work to make sure everyone follows the rules.”

You can enter and inspect certain places for specific reasons. These reasons are to check if people are following the rules about building products, modular components, and building product information. You can also do this to decide if you need to enforce these rules.

You can inspect places where building work is happening or will happen. You can look at the building work itself, as well as buildings and building products. You’re allowed to go into these places to do your inspection.

If you want to enter someone’s home or a marae, you need to follow special rules in another part of the law.

After you enter a place, you need to tell the owners and people living there in writing as soon as you can.

When you first enter a place, and if anyone asks later, you must show them who you are, a letter saying you’re allowed to enter, and a special document if you’re entering a home or marae.

These rules apply to different parts of the Building Act, including rules about product certification, modular component manufacturers, and building product information.

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 It might be out of date or be missing some parts.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=LMS751702.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Previous

207BA: Sharing of information, or

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

Next

207BC: Power to enter household unit or marae, or

“ This law explains when and how someone can legally enter your home or marae for inspection purposes. ”

Part 3 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

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).