51 Issue of building consent

(1)

A building consent must—

(a)

be issued in the prescribed form; and

(b)

have attached to it a copy of—

(i)

the project information memorandum (if any) for the building work to which the building consent relates; and

(ii)

a development contribution notice under section 36 (if any); and

(iii)

a certificate issued under section 37 (if any); and

(ba)

contain confirmation that Heritage New Zealand Pouhere Taonga has been notified under section 39 (if applicable); and

(c)

if a compliance schedule is required as a result of the building work, state—

(i)

the specified systems that must be covered by the compliance schedule; and

(ii)

the performance standards for the specified systems that are required by the building code; and

(d)

if an amendment to an existing compliance schedule is required as a result of the building work, state—

(i)

the specified systems that must be covered by the compliance schedule; and

(ii)

the performance standards for the specified systems that are required by the building code.

(2)

The issue of a building consent does not, of itself,—

(a)

relieve the owner of the building or proposed building to which the building consent relates of any duty or responsibility under any other Act relating to or affecting the building or proposed building; or

(b)

permit the construction, alteration, demolition, or removal of the building or proposed building if that construction, alteration, demolition, or removal would be in breach of any other Act.

(3)

If a building consent authority does not, within the time limit for granting the building consent, receive from the territorial authority any document or information required for compliance with subsection (1)(b) or (ba), the building consent authority may grant the building consent despite that subsection.

(4)

However, the building consent authority must, on receiving the document or information referred to in subsection (3), provide the owner with the document or information.

Compare: 1991 No 150 s 35(1), (3)

Section 51(1)(b)(i): amended, on 1 February 2010, by section 18(1) of the Building Amendment Act 2009 (2009 No 25).

Section 51(1)(ba): inserted, on 1 February 2010, by section 18(2) of the Building Amendment Act 2009 (2009 No 25).

Section 51(1)(ba): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 51(3): replaced, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).

Section 51(4): replaced, on 1 February 2010, by section 18(3) of the Building Amendment Act 2009 (2009 No 25).