Section 381 — Building Act 2004: District Court may grant injunctions for certain continuing breaches

381 District Court may grant injunctions for certain continuing breaches (1) On the application of any person referred to in subsection (2) , a District Court may grant an injunction or make some other appropriate order if it appears to the District Court that— (a) a person is committing or is about to commit a breach of section 40 or section 168 ; or (b) a building is dangerous, earthquake prone, or insanitary in terms of subpart 6 of Part 2 and the territorial authority has failed to take appropriate action; or (c) a dam is dangerous in terms of subpart 7 of Part 2 and the regional authority has failed to take appropriate action. (2) The persons are— (a) the chief executive; or (b) a territorial authority; or (c) a regional authority; or (d) any person referred to in section 176(g) . (3) An injunction may be granted, or an order may be made, under subsection (1) — (a) even if proceedings for the offence constituted by the breach have not been taken; or (b) if the person is convicted of that offence, either— (i) in the proceedings for the offence, in substitution for, or in addition to, any penalty imposed for the offence; or (ii) in subsequent proceedings. Compare: 1991 No 150 s 81(1), (5) Section 381(1)(a): amended, on 15 March 2008, by section 86 of the Building Amendment Act 2008 (2008 No 4).