“177 Application for determination

• “(1) A party may apply to the chief executive for a determination in relation to either or both of the following:

  • “(a) whether particular matters comply with the building code:

  • “(b) the exercise, failure or refusal to exercise, or proposed or purported exercise by an authority in subsection (2), (3), or (4) of a power of decision to which this paragraph applies by virtue of that subsection.

  “(2) Subsection (1)(b) applies to any power of decision of a building consent authority in respect of all or any of the following:

  • “(a) a building consent:

  • “(b) an extension under section 52(b) of the period during which building work must be commenced before a building consent lapses:

  • “(c) an extension under section 93(2)(b)(ii) of the period during which the authority must decide whether to issue a code compliance certificate:

  • “(d) a code compliance certificate:

  • “(e) a compliance schedule:

  • “(f) a notice to fix.

  “(3) Subsection (1)(b) applies to any power of decision of a territorial authority in respect of, or under, all or any of the following:

  • “(a) any waiver or modification of the building code under section 67:

  • “(b) a certificate of acceptance under section 96:

  • “(c) an exemption from building consent requirements under paragraph (k) of Schedule 1:

  • “(d) an amendment to a compliance schedule under section 106, 107, or 109:

  • “(e) a notice to fix:

  • “(f) sections 112, 113, 115, and 116 (which relate to alterations to, or changes in the use of, a building) and 124 and 129 (which relate to dangerous, earthquake-prone, and insanitary buildings):

  • “(g) a certificate for public use under section 363A:

  • “(h) a certificate under section 224(f) of the Resource Management Act 1991.

  “(4) Subsection (1)(b) applies to any power of decision under this Act of a regional authority in respect of a dam.

  “(5) Nothing in this section limits or affects section 70(4) or 446(1)(c).”

• “(aa) a written direction given by the chief executive under section 190 to the applicant or another party, and requiring that person to meet some or all of the other party's costs in respect of, or in respect of an application for, a determination against which all or any of the persons referred to in subsection (2) have made an appeal under paragraph (a) (whether or not that appeal has been determined); or”.

• “(ia) in the case of an appeal under section 208(1)(aa), the date of the written direction given by the chief executive under section 190; or”.

• “(iv) repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger (other than—

  • “(A) repair of an open-vented water storage heater using the same pipework; or

  • “(B) replacement of an open-vented water storage heater with a comparable heater using the same pipework):”.