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Building Act 2004

Building - Requirements for building work - Restricted building work must be carried out or supervised by licensed building practitioners

86: Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner

You could also call this:

“It's against the law to hire someone who isn't properly licensed to do or oversee special building jobs.”

You are not allowed to hire someone to do restricted building work if you know they are not a licensed building practitioner. This also applies if you know they don’t have the right licence for that specific work. The same rule applies if you want to hire someone to supervise restricted building work.

If you break this rule, you could be fined. If you’re an individual, you might have to pay up to $50,000. If you’re a company, you might have to pay up to $150,000.

There is one exception to this rule. If you’re an owner-builder, your unpaid friends or family members can help you with restricted building work without needing to be licensed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306839.

Topics:
Housing and property > Home safety and repairs
Work and jobs > Job licenses
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85: Offences relating to carrying out or supervising restricted building work, or

“You can get in trouble if you do special building work without the right licence or supervision.”

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87: Owner must notify names of licensed building practitioners engaged in restricted building work, or

“You must tell the building authority who will do the special work on your house before it starts.”

Part 2 Building
Requirements for building work: Restricted building work must be carried out or supervised by licensed building practitioners

86Offence to engage another person to carry out or supervise restricted building work if person is not licensed building practitioner

  1. A person commits an offence if that person—

  2. engages another person to carry out restricted building work; and
    1. knows that the other person is not—
      1. a licensed building practitioner; or
        1. a licensed building practitioner who is licensed to carry out the restricted building work.

        2. A person commits an offence if that person—

        3. engages another person to supervise the carrying out of restricted building work; and
          1. knows that the other person is not—
            1. a licensed building practitioner; or
              1. a licensed building practitioner who is licensed to carry out or supervise the carrying out of the restricted building work.

              2. This section does not apply in the case of any unpaid friend or family member of an owner-builder who is engaged to assist the owner-builder in carrying out restricted building work.

              3. A person who commits an offence under this section is liable on conviction,—

              4. in the case of an individual, to a fine not exceeding $50,000:
                1. in the case of a body corporate, to a fine not exceeding $150,000.

                  Notes
                  • Section 86(1): replaced, on , by section 24 of the Building Amendment Act 2012 (2012 No 23).
                  • Section 86(1A): inserted, on , by section 24 of the Building Amendment Act 2012 (2012 No 23).
                  • Section 86(1B): inserted, on , by section 24 of the Building Amendment Act 2012 (2012 No 23).
                  • Section 86(2): replaced, on , by section 28 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).