Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 350 — Board to publish reports
350 Board to publish reports As soon as practicable after giving the annual report to the Minister under section 349 , the Board must— (a) publicly notify that the report has been given to the…
Section 351 — Annual reports to be presented to House of Representatives
351 Annual reports to be presented to House of Representatives The Minister must present a copy of the annual report given to him or her under section 349 to the House of Representatives no later…
Section 352 — Power of Minister to require information relating to affairs of Board
352 Power of Minister to require information relating to affairs of Board (1) The Board must supply to the Minister any information relating to the affairs of the Board that the Minister requests.…
Section 353 — Rules relating to licensed building practitioners
353 Rules relating to licensed building practitioners (1) There must be made, and there must always be, rules containing the following minimum standards (LBP standards): (a) minimum standards of…
Section 354 — Chief executive to prepare proposed rules
354 Chief executive to prepare proposed rules The chief executive must prepare proposed rules under section 353 .
Section 355 — Particular requirements for preparation of rules containing LBP standards
355 Particular requirements for preparation of rules containing LBP standards In preparing a rule containing LBP standards, the chief executive must— (a) ensure that the proposed rule is consistent…
Section 356 — Rules to be approved by Board
356 Rules to be approved by Board (1) The chief executive must submit proposed rules for the approval of the Board. (2) The Board must, as soon as practicable after receiving a proposed rule for…
Section 357 — Revision of rules
357 Revision of rules If the Board declines to approve a proposed rule,— (a) the Board must indicate the grounds on which it declines to approve it; and (b) the Board must direct the chief executive…
Section 358 — Approval of revised rule
358 Approval of revised rule (1) As soon as practicable after receiving a revised proposed rule, the Board must— (a) approve the rule by written notice to the chief executive; or (b) if the Board…
Section 359 — Requirements of sections 355 to 358 relate to amendments and revocations by Board
359 Requirements of sections 355 to 358 relate to amendments and revocations by Board The requirements of sections 355 to 358 that apply to making a rule apply also to an amendment or revocation of…
Section 360 — Rules to be approved by Minister
360 Rules to be approved by Minister (1) The Board must submit the proposed rules for the approval of the Minister. (2) The Minister must, as soon as practicable after receiving a proposed rule for…
Section 361 — Rules made when approved by Minister
361 Rules made when approved by Minister The rules are made once they are approved by the Minister.
Section 362 — Status of rules
362 Status of rules The rules are deemed to be regulations for the purpose of the Regulations (Disallowance) Act 1989 but not for the purpose of the Acts and Regulations Publication Act 1989 .
Section 362A — Premises in respect of which duty arises under section 363
362A Premises in respect of which duty arises under section 363 (1) This section applies to premises that— (a) are intended to be open to members of the public or are being used by members of the…
Section 363 — 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,…
Section 363A — Public use of premises may be allowed before issue of code compliance certificate in some circumstances
363A Public use of premises may be allowed before issue of code compliance certificate in some circumstances (1) A person who owns, occupies, or controls premises to which section 362A applies may…
Section 363B — Application of section 363 to building work where consent granted, or work begun, before 31 March 2005
363B Application of section 363 to building work where consent granted, or work begun, before 31 March 2005 (1) This section applies to building work if it affects premises to which section 362A…
Section 363C — Section 363 does not apply to building work commenced before commencement of Building Act 1991
363C Section 363 does not apply to building work commenced before commencement of Building Act 1991 (1) Section 363(1) does not apply to building work commenced before 1 July 1992. (2) Subsection (1)…
Section 364 — Offence for residential property developer to transfer household unit without code compliance certificate
364 Offence for residential property developer to transfer household unit without code compliance certificate (1) A residential property developer commits an offence if the residential property…
Section 365 — Offence to fail to comply with direction of authorised person
365 Offence to fail to comply with direction of authorised person (1) A person commits an offence if the person intentionally fails to comply with a direction given by a person who is authorised to…
Section 366 — Offence to impersonate building consent authority or regional authority, etc
366 Offence to impersonate building consent authority or regional authority, etc (1) A person commits an offence if the person impersonates— (a) a building consent authority or regional authority; or…
Section 367 — Offence to obstruct execution of powers under this Act
367 Offence to obstruct execution of powers under this Act (1) A person commits an offence if the person wilfully obstructs, hinders, or resists a person in the execution of powers conferred on that…
Section 368 — Offence to remove or deface notices
368 Offence to remove or deface notices (1) A person commits an offence if the person— (a) wilfully removes or defaces any notice published under this Act; or (b) incites another person to do so. (2)…
Section 369 — Offence to make false or misleading statement
369 Offence to make false or misleading statement (1) A person commits an offence if the person, in any communication, application, or document that is required to be made or given under this Act or…
Section 370 — Interpretation
370 Interpretation In this section and sections 371 to 374 ,— infringement fee , in relation to an infringement offence, means the amount prescribed by regulations made under section 402 as the…
Section 371 — Proceedings for infringement offences
371 Proceedings for infringement offences (1) A person who is alleged to have committed an infringement offence may either— (a) be proceeded against under the Summary Proceedings Act 1957 ; or (b) be…
Section 372 — Issue of infringement notices
372 Issue of infringement notices (1) An infringement notice may be served on a person if an enforcement officer— (a) observes the person committing an infringement offence; or (b) has reasonable…
Section 373 — Form of infringement notices
373 Form of infringement notices An infringement notice must be in the prescribed form and must contain the following particulars: (a) sufficient particulars to inform the person served with the…
Section 374 — Payment of infringement fees
374 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid to the relevant territorial authority.
Section 375 — Prosecution of offences
375 Prosecution of offences (1) Except as otherwise provided in this Act, all offences against this Act may be prosecuted, and all fines or sums of money imposed or declared to be due or owing by or…
Section 376 — Offences punishable on summary conviction
376 Offences punishable on summary conviction Every offence against this Act is punishable on summary conviction.
Section 377 — Laying information
377 Laying information Any of the following persons may lay an information for an offence against this Act: (a) the chief executive; or (b) a territorial authority; or (c) a regional authority; or…
Section 378 — Time limit for laying information
378 Time limit for laying information Despite section 14 of the Summary Proceedings Act 1957 , an information for an offence against this Act may be laid at any time within 6 months after the time…
Section 379 — Offence under more than 1 enactment
379 Offence under more than 1 enactment (1) A person who does any act or makes any default that constitutes an offence against this Act and any other Act may be proceeded against and punished either…
Section 380 — What constitutes continuing offence
380 What constitutes continuing offence The continued existence of anything, or the intermittent repetition of any action, contrary to any provision of this Act is taken to be a continuing offence.
Section 381 — 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…
Section 382 — Terms of injunction or order
382 Terms of injunction or order (1) An injunction may be granted, or an order may be made, under section 381 — (a) restraining the person concerned from engaging in the conduct described in section…
Section 383 — District Court may direct chief executive to make determination
383 District Court may direct chief executive to make determination On an application under section 381(1) , the District Court may direct the chief executive to make a determination under subpart 1…
Section 384 — District Court may grant interim injunctions
384 District Court may grant interim injunctions (1) If an application is made to the District Court under section 381(1) for the grant of an injunction restraining a person from engaging in conduct…
Section 385 — Application of section 381 to Crown organisation
385 Application of section 381 to Crown organisation (1) Despite section 17(1)(a) of the Crown Proceedings Act 1950 ,— (a) the District Court may, under section 381 , grant an injunction against a…
Section 386 — Liability of principal for acts of agents
386 Liability of principal for acts of agents (1) The consequence specified in subsection (2) applies if a person (person A) commits an offence against this Act while acting as an agent (including a…
Section 387 — Liability for acts of employees or agents of Crown organisations
387 Liability for acts of employees or agents of Crown organisations (1) Section 386 does not apply if a person acting as agent or employee of a Crown organisation commits an offence under this Act.…
Section 388 — 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…
Section 389 — Fines to be paid to territorial authority or regional authority instituting prosecution
389 Fines to be paid to territorial authority or regional authority instituting prosecution (1) A court must order that a fine imposed on any person in relation to the person's conviction for an…
Section 390 — Civil proceedings may not be brought against chief executive, employees, etc
390 Civil proceedings may not be brought against chief executive, employees, etc (1) This section applies to— (a) the chief executive; and (b) any employee or agent of the chief executive; and (c)…
Section 391 — Civil proceedings against building consent authorities
391 Civil proceedings against building consent authorities Any civil proceedings against a building consent authority in respect of the performance of its statutory function in issuing a building…
Section 392 — 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…
Section 393 — Limitation defences
393 Limitation defences (1) The provisions of the Limitation Act 1950 apply to civil proceedings against any person if those proceedings arise from— (a) building work associated with the design,…
Section 394 — Service of notices
394 Service of notices (1) Any notice or other document required to be served on, or given to, any person under this Act is sufficiently served if it is— (a) delivered personally to the person; or…
Section 395 — Notices in relation to Maori land
395 Notices in relation to Maori land Part 10 of Te Ture Whenua Maori Act 1993 applies to the service of notices under this Act on owners of Maori land, except that the period fixed for anything to…