Section 363 — Building Act 2004: Protecting safety of members of public using premises open to public or intended for public use

363 Protecting safety of members of public using premises open to public or intended for public use (1) A person who owns, occupies, or controls premises to which section 362A applies must not use, or permit the use of, any part of the premises that is affected by building work— (a) if— (i) a building consent is required for the work; but (ii) no building consent has been granted for it; or (b) if a building consent has been granted for the work, but— (i) no code compliance certificate has been issued for the work; and (ii) no certificate for public use has been issued under section 363A for the part; or (c) if a building consent has been granted for the work, and a certificate for public use has been issued under section 363A for the part, but— (i) no code compliance certificate has been issued for the work; and (ii) the certificate for public use has been issued for the part subject to conditions that have not been complied with. (2) For the purposes of subsection (1) , a part of premises may be affected by building work— (a) whether or not the work has been completed; and (b) whether the work is being or has been done to or in, or involves or involved the building of,— (i) the part itself; or (ii) some other part of the building that the premises comprise or form part of. (3) A person who fails to comply with subsection (1) commits an offence. (4) A person who commits an offence under this section is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued. Section 363 was substituted, as from 14 April 2005, by section 22(1) Building Amendment Act 2005 (2005 No 31).