Building Act 2004

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116A Code compliance requirements: subdivision

A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—

(a)

will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following matters:

(i)

means of escape from fire:

(ii)

access and facilities for persons with disabilities (if this is a requirement under section 118):

(iii)

protection of other property; and

(b)

will,—

(i)

if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.

Section 116A: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).

Section 116A(a): amended, on 28 November 2013, by section 25(1) of the Building Amendment Act 2013 (2013 No 100).

Section 116A(b): replaced, on 28 November 2013, by section 25(2) of the Building Amendment Act 2013 (2013 No 100).