Section 388 — Building Act 2004: Strict liability and defences

388 Strict liability and defences (1) Except as otherwise provided in this Act, in a prosecution for an offence of contravening or permitting a contravention of this Act, it is not necessary to prove that the defendant intended to commit the offence. (2) It is a defence in any prosecution that is referred to in subsection (1) if the defendant proves— (a) that all of the following circumstances apply: (i) the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property; and (ii) the conduct of the defendant was reasonable in the circumstances; and (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or (b) that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case— (i) the action or event could not reasonably have been foreseen or been provided against by the defendant; and (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred. Compare: 1991 No 150 s 83