164 Issue of notice to fix

(1)

This section applies if a responsible authority considers on reasonable grounds that—

(a)

a specified person is contravening or failing to comply with this Act or the regulations (for example, the requirement to obtain a building consent); or

(b)

a building warrant of fitness or dam warrant of fitness is not correct; or

(c)

the inspection, maintenance, or reporting procedures stated in a compliance schedule are not being, or have not been, properly complied with.

(2)

A responsible authority must issue to the specified person concerned a notice (a notice to fix) requiring the person—

(a)

to remedy the contravention of, or to comply with, this Act or the regulations; or

(b)

to correct the warrant of fitness; or

(c)

to properly comply with the inspection, maintenance, or reporting procedures stated in the compliance schedule.

(3)

However, if a responsible authority considers that it is more appropriate for another responsible authority to issue the notice to fix, it must—

(a)

notify the other authority that it holds that view; and

(b)

give the other authority the reasons for that view.

(4)

The other responsible authority referred to in subsection (3) must issue the notice to fix if it considers that this section applies.

Compare: 1991 No 150 s 42(1)