Good morning Simon,
 
In answer to your query, please see the responses in red below. If you
have any further questions regarding producer statement, please contact
Rose McLaughlan, Manager Policy Building Control.
 
Kind regards,
Grace Heinemann
Privacy & LGOIMA Business Partner
 
 
-----Original Message-----
From: Simon Johnson
[[1]mailto:[FOI #3672 email]]
Sent: Wednesday, 24 February 2016 4:41 p.m.
To: Official Information
Subject: Official Information Act request - AC2301 Producer Statement
Policy Clause 3.7
 
Dear Auckland Council,
 
Clause 3.7 of the AC2301 Producer Statement Policy states the following:
 
"If an applicant provides a producer statement and the author is not on
the Auckland Council Producer  Statement  Register,  the  applicant  can 
choose  to  have  the  design  reviewed  by  another person who is on the
register; alternatively, Council will arrange to have the design reviewed.
The cost of any review is borne by the building consent applicant."
 
Under what Clause of the Building Act is Auckland City Council permitted
to require a design reviewed by a person on the register, or arrange to
have the design reviewed?
Section 49(1) of the Act states that a building consent authority (BCA)
must grant a building consent if it is satisfied on reasonable grounds
that the provisions of the building code would be met if the building work
were properly completed in accordance with the plans and specifications
that accompanied the application. Council offers applicants the choice to
use producer statements issued by recognised professionals (e.g. chartered
professional engineers) in order to streamline the consent process. 
Alternatively, if Council does not receive a producer statement or have
the in-house expertise or capacity it may engage external resource to
assist it in the approval process - we do this via a regulatory review
(PS2).
 
Under what Clause of the Building Act is Auckland City Council permitted
to pass on the costs of such a review to the building consent applicant?
S.49(2)a states the BCA is not required to grant a building consent until
it receives any charges (or fee) fixed by it in relation to the consent.
 
Yours faithfully,
 
Simon Johnson
 
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