Building Act 2004

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94 Matters for consideration by building consent authority in deciding issue of code compliance certificate

(1)

A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds,—

(a)

that the building work complies with the building consent; and

(b)

that,—

(i)

in a case where a compliance schedule is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or

(ii)

in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the building work are capable of performing to the performance standards set out in the building consent.

(2)

In deciding whether to issue a code compliance certificate, a building consent authority must have regard to whether a building method or product to which a current warning or ban under section 26(2) relates has, or may have, been used or applied in the building work to which the certificate would relate.

(3)

If the owner fails to provide to a building consent authority an energy work certificate in relation to energy work in respect of which a building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the energy work.

(4)

If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certificate in respect of the relevant building work until the building consent authority has received—

(a)

evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or

(b)

a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.

(5)

Subsection (1) is subject to subsection (4).

Compare: 1991 No 150 s 43(3), (3A)