sec.48Functions of private certifier (class A)

### sec.48 Functions of private certifier (class A) A private certifier (class A) may— receive and assess a building development application; and decide the building development application, and give a decision notice for the application; and decide whether enforcement action under this Act or the Planning Act ought to be taken for a building development approval granted by— the private certifier (class A); or another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. For section 248 , a reference to a local government includes a reference to a private certifier (class A) performing functions under subsection (1) (c) . However, subsections (1) (c) and (2) apply only until the giving of a final inspection certificate for the building work or a certificate of occupancy for the building. Despite the Planning Act — a private certifier (class A) is an enforcement authority for that Act in relation to building work only until a final inspection certificate for the building work, or a certificate of occupancy for the building, is given; and after the final inspection certificate or certificate of occupancy is given, the local government is the enforcement authority for that Act in relation to the building work. To remove any doubt, it is declared that subsections (1) (c) and (2) do not limit the local government’s functions or powers under this Act or the Planning Act , chapter 5 , part 3 . Subsection (7) applies if— under this section a private certifier (class A) gives a person an enforcement notice under this Act; or a private certifier (class A) that is an enforcement authority under the Planning Act gives a person an enforcement notice under the Planning Act . If the person does not comply with the enforcement notice, the private certifier (class A) must give the local government a notice that the person has not complied with the enforcement notice. s 48 prev s 48 amd 1987 No. 69 s 15 ; 1991 No. 52 s 2 0.65 om 1998 No. 13 s 13 pres s 48 ins 2006 No. 36 s 5 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 64 (amd 2017 No. 12 s 64A ); 2020 No. 24 s 153 s ch 1 pt 2 (sec.48-ssec.1) A private certifier (class A) may— receive and assess a building development application; and decide the building development application, and give a decision notice for the application; and decide whether enforcement action under this Act or the Planning Act ought to be taken for a building development approval granted by— the private certifier (class A); or another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. (sec.48-ssec.2) For section 248 , a reference to a local government includes a reference to a private certifier (class A) performing functions under subsection (1) (c) . (sec.48-ssec.3) However, subsections (1) (c) and (2) apply only until the giving of a final inspection certificate for the building work or a certificate of occupancy for the building. (sec.48-ssec.4) Despite the Planning Act — a private certifier (class A) is an enforcement authority for that Act in relation to building work only until a final inspection certificate for the building work, or a certificate of occupancy for the building, is given; and after the final inspection certificate or certificate of occupancy is given, the local government is the enforcement authority for that Act in relation to the building work. (sec.48-ssec.5) To remove any doubt, it is declared that subsections (1) (c) and (2) do not limit the local government’s functions or powers under this Act or the Planning Act , chapter 5 , part 3 . (sec.48-ssec.6) Subsection (7) applies if— under this section a private certifier (class A) gives a person an enforcement notice under this Act; or a private certifier (class A) that is an enforcement authority under the Planning Act gives a person an enforcement notice under the Planning Act . (sec.48-ssec.7) If the person does not comply with the enforcement notice, the private certifier (class A) must give the local government a notice that the person has not complied with the enforcement notice. - (a) receive and assess a building development application; and - (b) decide the building development application, and give a decision notice for the application; and - (c) decide whether enforcement action under this Act or the Planning Act ought to be taken for a building development approval granted by— (i) the private certifier (class A); or (ii) another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. - (i) the private certifier (class A); or - (ii) another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. - (i) the private certifier (class A); or - (ii) another private certifier (class A) employed by the same private certifier employer when the decision to take the enforcement action is made. - (a) a private certifier (class A) is an enforcement authority for that Act in relation to building work only until a final inspection certificate for the building work, or a certificate of occupancy for the building, is given; and - (b) after the final inspection certificate or certificate of occupancy is given, the local government is the enforcement authority for that Act in relation to the building work. - (a) under this section a private certifier (class A) gives a person an enforcement notice under this Act; or - (b) a private certifier (class A) that is an enforcement authority under the Planning Act gives a person an enforcement notice under the Planning Act .