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Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Powers and procedure of Board on disciplinary matters

326: Failure to comply with summons

You could also call this:

“If you don't show up or answer questions when the Board asks, you could get in trouble and have to pay money.”

If you’re asked to come to a meeting by the Board under section 323, you must do several things. You need to show up when they tell you to. You have to give evidence if they ask you to. If they want you to swear an oath before giving evidence, you must do that too. You must answer any questions the Board asks you that they’re allowed to ask. You also need to bring any documents, things, or information that they’ve told you to bring in the summons.

If you don’t do these things and don’t have a good reason why, you’re breaking the law. You could be fined up to $5,000 if you’re found guilty.

However, you can’t be found guilty of this if you weren’t paid the money you’re supposed to get for being a witness. This money is explained in section 325.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308652.

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325: Witnesses' fees, allowances, and expenses, or

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“People who help in disciplinary cases are protected like they would be in court”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Powers and procedure of Board on disciplinary matters

326Failure to comply with summons

  1. A person summoned under section 323 must—

  2. attend in accordance with the summons; and
    1. give evidence when required to do so; and
      1. give evidence under oath when required to do so; and
        1. answer any question that is lawfully asked by the Board; and
          1. provide any documents, things, or information that the summons requires the person to provide.

            1. A person who fails to comply with subsection (1) without sufficient cause—

            2. commits an offence; and
              1. is liable on conviction to a fine not exceeding $5,000.

                1. A person must not be convicted of an offence under this section if witnesses' fees, allowances, and expenses to which the person is entitled under section 325 have not been paid or tendered to him or her.

                Compare
                Notes
                • Section 326(1): amended, on , by section 75(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(a): amended, on , by section 75(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(a): amended, on , by section 75(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(b): amended, on , by section 75(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(b): amended, on , by section 75(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(c): amended, on , by section 75(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(c): amended, on , by section 75(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(d): amended, on , by section 75(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(d): amended, on , by section 75(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(1)(e): amended, on , by section 75(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 326(2): replaced, on , by section 75(5) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).