Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Notices to fix

168: Offence not to comply with notice to fix

You could also call this:

“You can get in trouble if you don't fix things when someone tells you to.”

You can get in trouble if you don’t follow a notice to fix something. If you don’t fix a way to stop people from getting into a residential pool when you’re told to, you’re breaking the law. If you’re caught, you might have to pay a fine. If you’re just one person, you could be fined up to $20,000. If you’re a company, you could be fined up to $60,000.

If you don’t follow any other notice to fix something under this law, you’re also breaking the law. If you’re caught, you could be fined up to $200,000. If you keep breaking the law after you’ve been caught, you could be fined another $20,000 for each day you don’t fix the problem.

It’s important to take notices to fix seriously and make the changes they ask for. This helps keep everyone safe and follows the rules set out in the Building Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307362.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
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167: Inspection of building work under notice to fix, or

“Checking if someone fixed a building problem the authorities told them to fix”

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168A: Chief executive's functions in relation to this Act, or

“The boss must make sure the law works properly and fix it if needed.”

Part 2 Building
Notices to fix

168Offence not to comply with notice to fix

  1. A person commits an offence who fails to comply with a notice to fix a means of restricting access to a residential pool.

  2. A person who commits an offence against subsection (1AA) is liable on conviction,—

  3. in the case of an individual, to a fine not exceeding $20,000:
    1. in the case of a body corporate, to a fine not exceeding $60,000.

      1. A person commits an offence if the person fails to comply with any other notice to fix under this Act.

      2. A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

      Notes
      • Section 168(1AA): inserted, on , by section 13(1) of the Building (Pools) Amendment Act 2016 (2016 No 71).
      • Section 168(1AB): replaced, on , by section 45 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
      • Section 168(1): amended, on , by section 13(2) of the Building (Pools) Amendment Act 2016 (2016 No 71).
      • Section 168(2): amended, on , by section 13(3) of the Building (Pools) Amendment Act 2016 (2016 No 71).
      • Section 168(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).