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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Building Act 2004

Building Act 2004

SECTION

OBLIGATION TO MĀORI

4

Principles tobe applied in performing functionsor duties, orexercising powers, under this Act

(1)        This section applies to—

...

(c)      a territorial authority or regional authority (but only to the extent that the territorial authority or regional authority is performing functions or duties, or exercising powers, in relation to the grant of waivers or modifications of the building code and the adoption and review of policy on dangerous, earthquake-prone, and insanitary buildings or, as the case may be, dangerous dams).

(2)        In achieving the purpose of this Act, a person to whom this section applies must take into account the following principles that are relevant to the performance of functions or duties imposed, or the exercise of powers conferred, on that person by this Act:

(d)     the importance of recognising any special traditional and cultural aspects of the intended use of a building:

...

73

73 Conditions on building consents granted under section 72

(1)      A building consent authority that is a territorial authority that grants a building consent under section 72(external link) must include, as a condition of the consent, that the building consent authority will, on issuing the consent, notify the consent to,—

...

(b)     in the case of an application made by, or on behalf of, the owners of Māori land, the Registrar of the Māori Land Court; and

...

74

74 Steps after notification

(1)        On receiving a notification under section 73(external link),—

(a)        the Surveyor-General or the Registrar of the Māori Land Court, as the case may be, must enter in his or her records the particulars of the notification together with a copy of any project information memorandum that accompanied the notification;

(b)       the Registrar-General of Land must record, as an entry on the certificate of title to the land on which the building work is carried out,—

(i)         that a building consent has been granted under section 72(external link); and

(ii)        particulars that identify the natural hazard concerned.

(2)        If an entry has been recorded on a duplicate of the certificate of title referred to in subsection (1)(b) under section 641A(external link) of the Local Government Act 1974 or section 36 of the former Act, the Registrar-General of Land does not need to record another entry on the duplicate.

(3)        Subsection (4) applies if a building consent authority determines that any of the following entries is no longer required:

(a)        an entry referred to in subsection (1)(b);

(b)       an entry under section 641A(external link) of the Local Government Act 1974;

(c)        an entry under section 36 of the former Act.

(4)      The building consent authority must notify the Surveyor-General, the Registrar of the Māori Land Court, or the Registrar-General of Land, as the case may be, who must amend his or her records or remove the entry from the certificate of title.

395

395 Notices in relation to Māori land

Part 10(external link) of Te Ture Whenua Māori Act 1993 applies to the service of notices under this Act on owners of Māori land, except that the period fixed for anything to be done by the owners must not be extended by more than 14 working days under section 181(4)(external link) of that Act, unless otherwise provided by the territorial authority or the regional authority concerned.

 

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