New Zealand Legislation: Acts

5A Further provisions relating to principal administrative officer's certificate

• (1) The chief executive of the territorial authority shall not refuse to give a certificate in respect of any unit plan under section 5(1)(g) except on 1 or more of the following grounds:

  • (a) that any building shown on the plan has not been erected, or that any other development work has not been carried out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the plan to be physically measured:

  • (b) [Repealed]

  • (c) that any building on the land has been erected in such a place in relation to any boundary, or to such a height, as to contravene the territorial authority's bylaws or any of the requirements of the Resource Management Act 1991:

  • (d) that any building or any other part of the whole development contravenes any such bylaws or requirements in any other manner to such an extent that alterations are required that may affect the location or the boundaries of any unit or of any part of the common property shown on the plan.

  (2) When the chief executive of the territorial authority has given a certificate in respect of any unit plan under section 5(1)(g), and that plan has been deposited under this Act, the territorial authority, notwithstanding any enactment or rule of law to the contrary, shall have no power to require any alteration to any building or any other part of the whole development that may affect the location or the boundaries of any unit or of any part of the common property shown on the plan, but may otherwise pursue any remedies it may have (including the prosecution of any person) in respect of any non-compliance with its bylaws or the requirements of the Resource Management Act 1991.

  (3) The territorial authority, the chief executive of the territorial authority, every member of the territorial authority, and every employee or agent of the territorial authority, shall not be under any civil or criminal liability in respect of the giving of a certificate under section 5(1)(g), unless it or he has acted in bad faith.

  Section 5A was inserted, as from 2 November 1979, by section 14(1) Unit Titles Amendment Act 1979 (1979 No 37).

  Subsection (1)(b) was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

  Subsections (1)(c) and (2) were amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Resource Management Act 1991” for the words “Town and Country Planning Act 1977”.

  Section 5A was amended, as from 20 January 1981, by section 2(2) Local Government Amendment Act 1980 (1980 No 82) by substituting the words “principal administrative officer” for the words “principal officer”.

  Section 5A was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chief executive” for the words “principal administrative officer” wherever they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.