Under sections 163 to 168 inclusive of the NZ Building Act 2004 a NTF may be issued by any of the following:

  • a building consent authority (BCA)
  • a territorial authority (TA)
  • a regional authority

if it is believed any of the following has occurred:

  • a specified person (who can be the building owner, a person carrying out or supervising building work) is contravening or failing to comply with the NZ Building Act 2004 or the building regulations (for example, the requirement to obtain a building consent); or
  • a building warrant of fitness or dam warrant of fitness is not correct; or
  • the inspection, maintenance, or reporting procedures stated in a compliance schedule are not being, or have not been, properly complied with.

A reasonable time must be allowed for compliance with the NTF, which will vary depending on the seriousness, circumstances and complexity of each case.

Failure to comply with a NTF can result in a $200,000 fine and a $20,000 fine for each day the failure to comply with the NTF continues.

Click here for a copy of the NZ Building Act 2004: http://www.legislation.govt.nz/act/public/2004/0072/latest/DLM306036.html
The following link explains in more detail: http://www.building.govt.nz/bofficials-notices-to-fix

 

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