sec.51Function to act on building development application or development approval unless private certifier (class A) engaged

### sec.51 Function to act on building development application or development approval unless private certifier (class A) engaged This section applies if— a person wishes to make a building development application to the local government; and if the application were made, it would be a properly made application; and a private certifier (class A) is not engaged for the application; and if a private certifier (class B) is engaged for the application—the private certifier (class B) has not entered into an agreement mentioned in section 140 (3) for the proposed application. The local government must do the following— under the Planning Act , chapter 3 , receive, assess and decide the application; appoint or employ a private certifier or another building certifier to perform building certifying functions for— the application; and if the building development approval applied for is granted—the building work. If a private certifier is appointed or employed, the functions can not include private certifying functions that are not also building certifying functions. See section 138 . If— a private certifier (class A) has granted a building development approval; and the engagement of a private certifier to inspect and certify the building work is discontinued; and the building work has not been certified; the local government for the approval must, if asked in writing by the nominated owner of the building, appoint or employ a building certifier to perform building certifying functions for the building work. This section is subject to sections 31 and 52 . In this section— nominated owner , of a building, means the person who, under the most recent building development application for the building, was nominated in the application as the person to receive the inspection documentation for building work for the building. s 51 ins 2006 No. 36 s 5 amd 2009 No. 36 s 872 sch 2 ; 2012 No. 3 s 132 sch ; 2016 No. 27 s 65 (sec.51-ssec.1) This section applies if— a person wishes to make a building development application to the local government; and if the application were made, it would be a properly made application; and a private certifier (class A) is not engaged for the application; and if a private certifier (class B) is engaged for the application—the private certifier (class B) has not entered into an agreement mentioned in section 140 (3) for the proposed application. (sec.51-ssec.2) The local government must do the following— under the Planning Act , chapter 3 , receive, assess and decide the application; appoint or employ a private certifier or another building certifier to perform building certifying functions for— the application; and if the building development approval applied for is granted—the building work. If a private certifier is appointed or employed, the functions can not include private certifying functions that are not also building certifying functions. See section 138 . (sec.51-ssec.3) If— a private certifier (class A) has granted a building development approval; and the engagement of a private certifier to inspect and certify the building work is discontinued; and the building work has not been certified; the local government for the approval must, if asked in writing by the nominated owner of the building, appoint or employ a building certifier to perform building certifying functions for the building work. (sec.51-ssec.4) This section is subject to sections 31 and 52 . (sec.51-ssec.5) In this section— nominated owner , of a building, means the person who, under the most recent building development application for the building, was nominated in the application as the person to receive the inspection documentation for building work for the building. - (a) a person wishes to make a building development application to the local government; and - (b) if the application were made, it would be a properly made application; and - (c) a private certifier (class A) is not engaged for the application; and - (d) if a private certifier (class B) is engaged for the application—the private certifier (class B) has not entered into an agreement mentioned in section 140 (3) for the proposed application. - (a) under the Planning Act , chapter 3 , receive, assess and decide the application; - (b) appoint or employ a private certifier or another building certifier to perform building certifying functions for— (i) the application; and (ii) if the building development approval applied for is granted—the building work. - (i) the application; and - (ii) if the building development approval applied for is granted—the building work. - (i) the application; and - (ii) if the building development approval applied for is granted—the building work. - (a) a private certifier (class A) has granted a building development approval; and - (b) the engagement of a private certifier to inspect and certify the building work is discontinued; and - (c) the building work has not been certified;