Building Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Powers of territorial authority to carry out inspections and enter land

222 Inspections by territorial authority

(1)

An authorised officer is entitled, at all times during normal working hours or while building work is being carried out,—

(a)

to inspect—

(i)

land on which building work is or is proposed to be carried out; and

(ii)

building work that has been or is being carried out on or off the building site; and

(iii)

any building; and

(iv)

any residential pool (or the immediate pool area); and

(b)

to enter premises for—

(i)

the purpose of inspecting the building; or

(ii)

the purpose of determining whether the building is dangerous or insanitary within the meaning of subpart 6 of Part 2; or

(iii)

the purpose of determining whether the building or a part of the building is earthquake prone or potentially earthquake prone within the meaning of subpart 6A of Part 2; and

(c)

to enter premises for the purpose of determining whether section 162C is being complied with.

(2)

An authorised officer must, on entering private land under subsection (1), and when requested at any subsequent time, produce to the occupier of the land written evidence of the authorised officer’s identity.

(3)

The powers conferred by this section are in addition to, and do not limit, the powers conferred by section 173 of the Local Government Act 2002.

(4)

In this section and sections 223 to 228,—

authorised officer means an officer of a territorial authority to whom either or both of the following applies:

(a)

he or she is authorised to carry out inspections; or

(b)

he or she is authorised to enter land—

(i)

by this Act; or

(ii)

by an order of the District Court made under section 227

inspection means the taking of all reasonable steps—

(a)

to determine whether—

(i)

building work is being carried out without a building consent; or

(ii)

building work is being carried out in accordance with a building consent; or

(iia)

section 162C is being complied with; or

(iii)

a notice to fix has been complied with:

(b)

to ensure that,—

(i)

in relation to buildings for which a compliance schedule is issued, the inspection, maintenance, and reporting procedures stated in the compliance schedule are being complied with; or

(ii)

in relation to buildings that have specified systems, the requirement for a compliance schedule is being complied with:

(c)

to enable a territorial authority to—

(i)

identify dangerous, earthquake-prone, or insanitary buildings within its district; and

(ii)

carry out its functions or duties in relation to those buildings:

(d)

to satisfy a territorial authority as to whether a certificate of acceptance for building work should be issued under section 96.

Compare: 1991 No 150 s 76(1), (2), (3), (11)

Section 222(1)(a)(iv): inserted, on 1 January 2017, by section 15(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 222(1)(b)(ii): replaced, on 1 July 2017, by section 33 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 222(1)(b)(iii): inserted, on 1 July 2017, by section 33 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 222(1)(c): inserted, on 1 January 2017, by section 15(3) of the Building (Pools) Amendment Act 2016 (2016 No 71).

Section 222(4) inspection paragraph (a)(iia): inserted, on 1 January 2017, by section 15(4) of the Building (Pools) Amendment Act 2016 (2016 No 71).