Section 88 — Building Act 2004: Licensed building practitioner to certify or provide memorandum about restricted building work

88 Licensed building practitioner to certify or provide memorandum about restricted building work (1) Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,— (a) provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and (b) if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent. (2) The persons are— (a) the owner; and (b) the territorial authority for the district in which the restricted building work is situated. (3) A licensed building practitioner who carries out or supervises restricted building work that relates only to part of a specified system may give a certificate under subsection (1) that is qualified to the effect that the restricted building work on the other parts of the specified system must meet the requirements in subsection (1)(a) and (b) . (4) A memorandum provided or certificate given under subsection (1) does not, of itself,— (a) create any liability in relation to any matter to which the memorandum or certificate relates; or (b) give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner was not required to provide the memorandum or certificate. (5) Subsection (4) does not limit section 397(c) . Section 88 heading: amended, on 15 March 2008, by section 18(1) of the Building Amendment Act 2008 (2008 No 4). Section 88(1): substituted, on 15 March 2008, by section 18(2) of the Building Amendment Act 2008 (2008 No 4). Section 88(4): amended, on 15 March 2008, by section 18(3)(a) of the Building Amendment Act 2008 (2008 No 4). Section 88(4)(a): amended, on 15 March 2008, by section 18(3)(b) of the Building Amendment Act 2008 (2008 No 4). Section 88(4)(b): amended, on 15 March 2008, by section 18(3)(b) of the Building Amendment Act 2008 (2008 No 4).