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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Offence relating to building control

362W: Premises in respect of which duty arises under section 363

You could also call this:

“This law explains which buildings or parts of buildings need to follow special safety rules for public places.”

This law talks about certain places that are part of a building. These places are meant to be open to the public or are being used by the public. It doesn’t matter if you have to pay to use these places or not. Even if some people are sometimes not allowed in, these places can still be considered open to the public.

When section 363 of this law talks about duties, it’s referring to these kinds of places. This means the rules in that section apply to buildings or parts of buildings that the public can use or visit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308697.

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Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Offence relating to building control

362WPremises in respect of which duty arises under section 363

  1. This section applies to premises that—

  2. are intended to be open to members of the public or are being used by members of the public; and
    1. comprise all or part of a building.

      1. For the purposes of subsection (1), premises may be intended to be open to members of the public—

      2. whether or not members of the public are charged for their use (or, as the case may be, whether or not it is intended that members of the public are to be charged for their use); and
        1. whether or not members of the public will, regularly or from time to time, be excluded from them.

          Notes
          • Section 362W: inserted, as section 362A, on , by section 22(1) of the Building Amendment Act 2005 (2005 No 31).
          • Section 362W section number: replaced, on , by section 57 of the Building Amendment Act 2013 (2013 No 100).