Home Building Act 1989 No 147
Current version for 6 July 2012 to date (accessed 26 May 2013 at 04:08)

48E   Inspector may make rectification order

(1)  If, after completing an investigation under section 48D, an inspector is satisfied:
(a)  that any residential building work or specialist work contracted to be done by the contractor is incomplete, or
(b)  that any residential building work or specialist work done by the contractor is defective, or
(c)  that the contractor, in the course of doing any residential building work or specialist work, has caused damage to any structure or work, or
(d)  that, as a consequence of any defective residential building work or specialist work done by the contractor, a structure or work has been damaged,
      the inspector may serve a written order on the contractor requiring the contractor to take such steps as are specified in the order to ensure that the work is completed or the defect or damage rectified, as the case requires.
(2)  If, after completing an investigation under section 48D, an inspector is satisfied:
(a)  that any kit home supplied by the kit home supplier is incomplete, or
(b)  that any kit home supplied by the kit home supplier is defective, or
(c)  that the kit home supplier has failed to supply a kit home,
      the inspector may serve a written order on the kit home supplier requiring the kit home supplier to take such steps as are specified in the order to ensure that the kit home is supplied or completed or the defect rectified, as the case requires.
(3)  A rectification order:
(a)  may specify conditions (including conditions with respect to the payment of money) to be complied with by the complainant before the requirements of the order must be complied with, and
(b)  must specify a date by which the requirements of the order must be complied with, subject to the complainant’s compliance with any condition referred to in paragraph (a), and
(c)  must indicate that the order will cease to have effect if the matter giving rise to the order becomes the subject of a building claim before the date specified in accordance with paragraph (b).
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