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Building Act 2004

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

363: Protecting safety of members of public using premises open to public or intended for public use

You could also call this:

“People must make sure buildings are safe for the public to use when they are being built or fixed.”

If you own, control, or occupy a place that’s open to the public or meant for public use, you need to be careful about how you use parts of it that are affected by building work. You can’t use these parts, or let others use them, if:

  1. The work needs a building consent, but doesn’t have one.

  2. The work has a building consent, but doesn’t have a code compliance certificate or a certificate for public use.

  3. The work has a building consent and a certificate for public use, but no code compliance certificate, and the conditions of the certificate for public use haven’t been followed.

These rules apply whether the building work is finished or not, and whether the work is being done on that specific part or another part of the building.

If you don’t follow these rules, you’re breaking the law. If you’re found guilty, you could be fined up to $200,000. If you keep breaking the law, you could be fined up to $20,000 more for each day you continue to do so.

Remember, a part of a building can be ‘affected by building work’ even if the work isn’t directly on that part. It could be work on another part of the building that affects the part you want to use.

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 It might be out of date or be missing some parts.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=DLM308699.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
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362W: Premises in respect of which duty arises under section 363, or

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

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363A: Public use of premises may be allowed before issue of code compliance certificate in some circumstances, or

“The law lets people use a building before it's fully approved if it's safe, but they still need to get final approval later.”

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

363Protecting 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 362W applies must not use, or permit the use of, any part of the premises that is affected by building work—

  2. if—
    1. a building consent is required for the work; but
      1. no building consent has been granted for it; or
      2. if a building consent has been granted for the work, but—
        1. no code compliance certificate has been issued for the work; and
          1. no certificate for public use has been issued under section 363A for the part; or
          2. if a building consent has been granted for the work, and a certificate for public use has been issued under section 363A for the part, but—
            1. no code compliance certificate has been issued for the work; and
              1. the certificate for public use has been issued for the part subject to conditions that have not been complied with.

              2. For the purposes of subsection (1), a part of premises may be affected by building work—

              3. whether or not the work has been completed; and
                1. whether the work is being or has been done to or in, or involves or involved the building of,—
                  1. the part itself; or
                    1. some other part of the building that the premises comprise or form part of.

                    2. A person who fails to comply with subsection (1) commits an offence.

                    3. A person who commits an offence under this section 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 363: replaced, on , by section 22(1) of the Building Amendment Act 2005 (2005 No 31).
                    • Section 363(1): amended, on , by section 58 of the Building Amendment Act 2013 (2013 No 100).
                    • Section 363(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).