Section 392 — Building Act 2004: Building consent authority not liable

392 Building consent authority not liable (1) No civil proceedings may be brought against a building consent authority for anything done or omitted to be done in good faith in reliance on any of the following documents: (a) a compliance document: (b) a determination made by the chief executive under subpart 1 of Part 3: (c) a current product certificate issued under subpart 7 of Part 3: (d) a code compliance certificate issued under section 95 : (e) a certificate issued under any regulations made under the Electricity Act 1992 or the Gas Act 1992 . (2) Subsection (3) applies if— (a) a building consent has been issued under section 72 ; and (b) the building consent authority has given a notification under section 73 ; and (c) the building consent authority has not given a notification under section 74(4) that it has determined that the entry made on the certificate of title of the land is no longer required; and (d) the building to which the building consent relates suffers damage arising directly or indirectly from a natural hazard. (3) The persons specified in subsection (4) are not liable in any civil proceedings brought by any person who has an interest in the building referred to in subsection (2) on the grounds that the building consent authority issued a building consent for the building in the knowledge that the building for which the consent was issued, or the land on which the building was situated, was, or was likely to be, subject to damage arising, directly or indirectly, from a natural hazard. (4) The persons are— (a) the building consent authority concerned; and (b) every member, employee, or agent of that building consent authority . Compare: 1991 No 150 s 36(4) The heading to section 392 was amended, as from 14 April 2005, by section 16(2)(s) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” . Subsection (1) was amended, as from 14 April 2005, by section 16(2)(o) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or a regional authority ” . Subsection (2)(b) was amended, as from 14 April 2005, by section 16(2)(q) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” . Subsection (2)(c) was amended, as from 14 April 2005, by section 16(2)(q) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” . Subsection (3) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” . Subsection (4)(a) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” . Subsection (4)(b) was amended, as from 14 April 2005, by section 16(2)(p) Building Amendment Act 2005 (2005 No 31) by omitting the words “ or regional authority ” .