177 Application for determination

(1)

A party may apply to the chief executive for a determination in relation to either or both of the following:

(a)

whether particular matters comply with the building code:

(b)

the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), or (4) of a power of decision to which this paragraph applies by virtue of that subsection.

(2)

Subsection (1)(b) applies to any power of decision of a building consent authority in respect of all or any of the following:

(a)

a building consent:

(b)

an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses:

(c)

an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate:

(d)

a code compliance certificate:

(e)

a compliance schedule:

(f)

a notice to fix.

(3)

Subsection (1)(b) applies to any power of decision of a territorial authority in respect of, or under, all or any of the following:

(a)

any waiver or modification of the building code under section 67:

(b)

a certificate of acceptance under section 96:

(c)

an exemption from building consent requirements under clause 2 of Schedule 1:

(d)

an amendment to a compliance schedule under section 106, 107, or 109:

(e)

a notice to fix:

(f)

sections 112, 113, 115, and 116 (which relate to alterations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, affected, and insanitary buildings):

(fa)

any power of decision of a territorial authority under subpart 6A of Part 2, other than a power of decision under section 133AS (territorial authority may carry out seismic work):

(g)

a certificate for public use under section 363A:

(h)

a certificate under section 224(f) of the Resource Management Act 1991.

(4)

Subsection (1)(b) applies to any power of decision under this Act of a regional authority in respect of a dam.

(5)

Nothing in this section limits or affects section 70(4) or 446(1)(c).

Section 177: replaced, on 7 July 2010, by section 4 of the Building Amendment Act 2010 (2010 No 50).

Section 177(3)(c): amended, on 30 May 2017, by section 6 of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).

Section 177(3)(f): amended, on 1 July 2017, by section 29(1) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 177(3)(fa): inserted, on 1 July 2017, by section 29(2) of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).