2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

DELEGATION OF AUTHORITY
TITLE:         BUILDING ACT & REGULATIONS
Delegation by the Council to:                                      Date:
Chief Executive Officer

Source of Authority:
Local Government Act 2009 Section 257
Building Act 1975
Building Regulation 2006


Delegated Power:

  1. To exercise powers of the Council as a delegated officer pursuant to the Building Act 1975.

DESCRIPTION OF POWER DELEGATED                                                    LEGISLATION

Power, as an assessment manager, to determine whether a building                  Section 34A(2)
development application complies with the building assessment provisions
and if it does, to approve the application.
Power, as an assessment manager, to consult with the chief executive about        Section 41(1)
the variation application.
Power, as a referral agency, to appoint or employ a building certifier to carry   Section 46(5)
out the assessment against the fire safety standard.
Power, under the Planning Act to receive, assess and decide a building            Section
development application.                                                          51(2)(a)
Power to appoint or employ a private certifier or another building certifier.     Section
                                                                                  51(2)(b)
Power to appoint or employ a building certifier where asked in writing by the     Section 51(3)
nominated owner and the building work has not been certified.
Power to issue a building development approval.                                   Section 52
Power, in carrying out functions under the Building Act, to accept and,           Section 53(2)
without checking, rely and act on a certificate or other document made by or
given to the building certifier.
Power to accept and, without further checking, rely and act on a document,        Section 54
given to Council by a private certifier for a building development application,
for the purpose of making it available for inspection or purchase as required
by the Planning Act.
Power, as assessment manager, in relation to undecided building                   Section 55
development applications and lapsed building development approvals, to
resume or start the development assessment process under the Planning Act
at any stage the assessment manager considers appropriate.

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