LGOIMA Request Details

Unfortunately, Council does not hold the information you requested, specifically regarding the relationship between the various stated legislation and the Certificate of Acceptance. I am therefore refusing your request under section 17(g) of the LGOIMA because the information is not held.   

In general, the legislation you have requested is already publicly available at:  https://www.legislation.govt.nz/ 

From the above link you can search for: 

• Treaty of Waitangi Act 1975 

• Noting: The English Laws Act 1908 is hereby repealed. 

• New Zealand Bill of Rights Act 1990 

This link, LG_2288_Documents_for_release.zip, contains "the Good Governance Guide" which outlines councils lawful and legal relationship with the treaty. In essence, the Principles of the Treaty help guide the implementation of Te Tiriti o Waitangi in practice. The Council recognises the principles of Participation, Active Protection, Tribal Autonomy, Redress, and Duty to Consult. It also contains the United Nations Declaration on the Rights of Indigenous Peoples document.  

Regarding the Certificate of Acceptance, it is applicable in cases where work has been completed without a building consent or when a building consent authority is unable to issue a code compliance certificate. The use of this certificate is detailed in the Building Act 2004 (Part 2, sections 96-99). 

You can find out more on the Ministry of Business, Innovation & Employment: https://www.building.govt.nz/projects-and-consents/sign-off-and-maintenance/completing-your-project/certificate-of-acceptance 

Also; Section 96 of the Building Act (2004): Building Act 2004 No 72 (as at 23 December 2023), Public Act 96 Territorial authority may issue certificate of acceptance in certain circumstances – New Zealand Legislation