Building Act 2004

General responsibilities (as BCA) under the Act.

Specify information required to accompany an application for a project information memorandum.

Power to issue a project information memorandum.

Duty (as TA) to advise Heritage New Zealand Pouhere Taonga after receiving application for PIM or building consent in the circumstances specified.



Make changes to plans and specifications that have multiple-use approval.

Duty (as BCA) to provide a copy of an application to Fire and Emergency New Zealand in the circumstances specified;

Power (as BCA) to determine the application where no response provided.



Powers in relation to applications for building consents.

Allow a period beyond 12 months after the date within which building consent will lapse.

Power to issue certificate as to correct levy payment.

Power to recover unpaid levies under section 53 from applicant for building consent. 

Powers and duties (as TA) to grant to grant waivers or modifications in relation to means of restricting access to residential pools in the circumstances specified

Power to make determination regarding building on land subject to natural hazards.

Power to determine entry on record of title under specified provisions no longer required.

Power to issue and authenticate s75 certificate.

Power to approve removal of title entry and lodge authenticated certificate with Registrar-General of Land.

Power to authorise agents to carry out inspections in accordance with s 90.

Powers to process and approve code compliance certificate.

Power to process and approve a certificate of acceptance for building work.

Powers with respect to compliance schedules.

Power to authorise agents to carry out s111 inspections. 



Power in relation to alteration of a building and changes of use.

Determine matters relating to code compliance under s 224(f) of the RMA. 

Power in relation to dangerous, affected, earthquake-prone or insanitary buildings.



Power to recover costs from owner where measures to avoid immediate danger are taken under warrant of the Chief Executive of New Plymouth District Council.

Apply to District Court for confirmation of warrant.

Restrictions: 

This delegation is subject also to General Delegations – Legal Proceedings.

Duties (as TA) to identify potentially earthquake-prone buildings and reporting to chief executivewithin applicable timeframe as specified

Powers and duties (as TA) to request engineering assessment of potentially earthquake-prone buildings as specified

Powers (as TA) to cancel a request for engineering assessment of potentially earthquake-prone buildings or obtain an engineering assessment of the building in the circumstances specified

Powers and duties (as TA) in relation to an application for extension of time by the building owner to provide engineering assessment in the circumstances specified

Powers and duties (as TA) in relation determining whether a building or part is earthquake prone and notice requirements as specified.

Powers and duties (as TA) in relation the issue of an EPB notice for earthquake-prone buildings and notice requirements as specified.

Powers and duties (as TA) in relation to dealing with an application/review/revocation of an exemption from the requirement to carry out seismic work by a building owner as specified.

Powers and duties (as TA) in relation to dealing with an application for an extension of time to complete seismic work by owners of certain heritage buildings as specified.

Powers and duties (as TA) in relation to the attachment/removal and replacement of EPB notices and EPB exemption notices to earthquake-prone buildings.

Powers and duties (as TA) re assessing information relating to earthquake-prone buildings status  to determine in accordance with EPB methodology whether the building or part is earthquake-prone, its earthquake rating and notification requirements.

Powers and duties (as TA) to impose safety requirements in respect of any earthquake-prone building  including fencing off, attaching warning notices, requiring remedial work to be carried out and notification requirements.

Powers and duties (as TA) re applying to the District Court for an order authorising the territorial authority to carry out the seismic work in the circumstances specified.

Restrictions:

a. This power cannot be sub-delegated.

b. This delegation is subject also to General Delegations - Legal Proceedings.

Duties (as BCA and TA) not to grant building consent for alteration/allow alteration dependent on the circumstances specified for a building or a part of a building that is subject to an EPB notice

Powers and duties (as TA) in relation to consultation requirements including a reasonable opportunity for territorial authorities and other interested persons to make submissions

Powers and duties (as TA) if the definition of ultimate capacity or moderate earthquake, as set out in regulations made for the purpose of section 133AB is amended or replaced.

Duty to classify dam in accordance with prescribed criteria.

Require re-audit of dam classification and power to specifiy re-audit time required. 

Require re-audit of dam safety assurance programme if refused and power to specify re-audit time required.

Power as regional authority to require review of dam safety assurance prpgramme where dam is earthquake or flood prone.

Powers in respect of dangerous dams.

Duty (as TA) to ensure the periodic inspection of residential swimming pools within the timeframes specified.

Power to authorise agents/officers to carry out inspections.

Power to determine another responsible authority should issue notice and give notice to that authority.

Power (as party to a determination, applicant for registration as BCA, or BCA in the circumstances specified, as applicable) to appeal the decisions made by the chief executive.

Restriction: This power cannot be sub-delegated.

Powers and duties (as TA) re applying to the District Court for an order authorising it to carry out building work under circumstances specified.

Restriction: Subject also to General Delegations - Legal Proceedings

Power (as TA) to authorise officer of the territorial authority to inspect land/buildings/building work/residential pool (or the immediate pool area) and enter for purposes specified.

Restriction: The power to authorise officers is restricted to the Primary Delegates cannot be sub-delegated. 

Power (as TA) to inspect land/ buildings/building work/residential pool (or the immediate pool area) and enter for purposes specified.

Power (as territorial authority) to authorise any person to issue infringement notices under s372 of the Act.

Restriction: The power to authorise cannot be sub-delegated.

Duty (as territorial authority) to issue the person authorised (enforcement officer) with a warrant stating the function and powers of the enforcement officer.

Restriction: The duty to issue a warrant is restricted to the Primary Delegate and cannot be sub-delegated.

Power (as TA) to file a charging document for an offence under the Act within the time limit specified.

Restriction: Subject also  to General Delegations - Legal Proceedings

Power (as TA) to apply to the District Court for an injunction in the circumstances specified.

Restriction: Subject also to General Delegations - Legal Proceedings 

Duty (as BCA) to accept as compliant a building certificate issued under s56 of the Building Act 1991;

Power (as party) to apply for a determination re a decision of an approved building certifier to issue/refuse to issue a building certificate or code compliance certificate.