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Building Act 2004
23Entitlement to act as certifier
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23 Entitlement to act as certifier
(1) A licensed construction practitioner is not entitled to perform services
as a certifier in relation to building work if the practitioner has an
interest in the work.
(2) For this section, a licensed construction practitioner has an interest in
building work if the practitioner, or a person related to the
practitioner—
(a) has a legal or equitable interest in the land where the building
work is, or is to be, carried out; or
(b) has prepared, or intends to prepare, drawings intended to be used
in relation to the construction of the building work; or
(c) has carried out, or intends to carry out, any of the building work;
or
(d) has a financial interest in the construction or completion of the
(3) For this section, a person is related to a licensed construction
practitioner if the person is—
(a) a person with whom the practitioner has a personal,
professional, commercial or financial relationship; or
(b) an employer or employee of the practitioner; or
(c) a company of which the practitioner is a director or in which the
practitioner holds a share.
(4) This section does not prevent a certifier from sketching a required
design solution as part of a direction in a notice under
section 44 (2) (a).