Printed from https://fyi.org.nz/request/3718-building-act-2004-and-external-reviews?unfold=1 on November 22, 2024 11:38

Building Act 2004 and External Reviews

Simon Johnson made this Official Information request to Ministry of Business, Innovation & Employment

Response to this request is long overdue. By law Ministry of Business, Innovation & Employment should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Simon Johnson

Dear Ministry of Business, Innovation & Employment,

Clause 14F(a)(i) of the New Zealand Building Act 2004 states the following:
14F Responsibilities of building consent authority
A building consent authority is responsible for—
(a) checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—
(i) an application for a building consent complies with the building code:

Clause 336 of the New Zealand Building Act (2004) states the following:
366 Offence to impersonate building consent authority or regional authority, etc
(1) A person commits an offence if the person impersonates—
(a) a building consent authority or regional authority; or
(b) an office r or employee of a building consent authority or regional authority.

The Crimes Act 1961 defines a bribe as:
bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect

And Clause 105 of the Crimes Act states the following:
105 Corruption and bribery of official
(1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity.

Please provide the Clause of the New Zealand Building Act which allows a building consent authority to arrange to have a design reviewed by a person or organisation of their choosing external to their respective Council (e.g. a private company or individual), with the cost of any such review to be borne by the building consent applicant?

Yours faithfully,

Simon Johnson

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From: *OIA
Ministry of Business, Innovation & Employment

Attachment DOIA 1516 1116 Simon Johnson Acknowledgement letter.pdf
161K Download View as HTML

Dear Mr Johnson,

Please find attached your acknowledgement, regarding your recent information request.

Kind Regards,

Ministerial Services
Ministry of Business, Innovation and Employment
Level 4 , Stout Street, Wellington 6140, New Zealand
-----Original Message-----
From: Simon Johnson [mailto:[FOI #3718 email]]
Sent: Sunday, 6 March 2016 11:55 a.m.
To: *OIA
Subject: Official Information Act request - Building Act 2004 and External Reviews

Dear Ministry of Business, Innovation & Employment,

Clause 14F(a)(i) of the New Zealand Building Act 2004 states the following:
14F Responsibilities of building consent authority A building consent authority is responsible for—
(a) checking, in accordance with the requirements of this Act for each type of building consent, to ensure that—
(i) an application for a building consent complies with the building code:

Clause 336 of the New Zealand Building Act (2004) states the following:
366 Offence to impersonate building consent authority or regional authority, etc
(1) A person commits an offence if the person impersonates—
(a) a building consent authority or regional authority; or
(b) an office r or employee of a building consent authority or regional authority.

The Crimes Act 1961 defines a bribe as:
bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect

And Clause 105 of the Crimes Act states the following:
105 Corruption and bribery of official
(1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity.

Please provide the Clause of the New Zealand Building Act which allows a building consent authority to arrange to have a design reviewed by a person or organisation of their choosing external to their respective Council (e.g. a private company or individual), with the cost of any such review to be borne by the building consent applicant?

Yours faithfully,

Simon Johnson

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From: Simon Johnson

Dear *OIA,

Your letter acknowledging my question ( DOIA 1516-1116) omits my introduction, which outlines various legal requirements in the Building Act and Crimes Act. Please include these in your acknowledgement so that there is no error in your response and the question is answered in full.

Yours sincerely,

Simon Johnson

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From: *OIA
Ministry of Business, Innovation & Employment

Attachment DOIA 1516 1116 Simon Johnson Acknowledgement letter.pdf
168K Download View as HTML

Apologies, for my error and oversight. Please find attached your amended acknowledgement, which includes the full text of your email request. Disregard the previous acknowledgement letter.

Kind Regards,
Kara

-----Original Message-----
From: Simon Johnson [mailto:[OIA #3718 email]]
Sent: Thursday, 10 March 2016 12:46 p.m.
To: *OIA
Subject: RE: Official Information Act request - Building Act 2004 and External Reviews [UNCLASSIFIED]

Dear *OIA,

Your letter acknowledging my question ( DOIA 1516-1116) omits my introduction, which outlines various legal requirements in the Building Act and Crimes Act. Please include these in your acknowledgement so that there is no error in your response and the question is answered in full.

Yours sincerely,

Simon Johnson

-----Original Message-----

Dear Mr Johnson,

Please find attached your acknowledgement, regarding your recent information request.

Kind Regards,

Ministerial Services
Ministry of Business, Innovation and Employment Level 4 , Stout Street, Wellington 6140, New Zealand

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Please use this email address for all replies to this request:
[OIA #3718 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.

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Any opinions expressed in this message are not necessarily those of the Ministry of Business, Innovation and Employment. This message and any files transmitted with it are confidential and solely for the use
of the intended recipient. If you are not the intended recipient or the person responsible for delivery to the intended recipient, be advised that you have received this message in error and that any use is
strictly prohibited. Please contact the sender and delete the message and any attachment from your computer.

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From: BRM Official Correspondence
Ministry of Business, Innovation & Employment

Attachment DOIA 1516 1116 Mr Simon Johnson.pdf
700K Download View as HTML

Dear Mr Johnson

 

Please find attached a response to your Official Information Act request
of 6 March 2016.

Regards

Ministry of Business, Innovation and Employment

[1]www.govt.nz - your guide to finding and using New Zealand government
services

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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

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From: Simon Johnson

Dear BRM Official Correspondence,

This response has truncated my original question. I replied to MBIE instructing not to do this, but it has still been done. Please answer the full question, and do not truncate any of my original question in your response.

Yours sincerely,

Simon Johnson

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