Plain language law

New Zealand law explained for everyone

Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Offences relating to administration of Act

365: Offence to fail to comply with direction of authorised person

You could also call this:

“You must listen to people with special powers or you could get in trouble and have to pay money.”

You must follow instructions given by people who are allowed to give them under this law or its rules. This doesn’t apply to some specific situations mentioned in other parts of the law.

If you purposely don’t follow these instructions, you’re breaking the law. This is called an offence. If you’re found guilty, you’ll have to pay a fine. For a person, the fine can be up to $20,000. For a company, it can be up to $60,000.

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 It might be out of date or be missing some parts.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=DLM309010.

Topics:
Housing and property > Home safety and repairs
Crime and justice > Criminal law
Previous

364: Offence for residential property developer to transfer household unit without code compliance certificate, or

“It is against the law for someone who builds houses to sell them without getting a special paper that says the house is safe and properly built.”

Next

366: Offence to impersonate building consent authority or regional authority, etc, or

“It's against the law to pretend you're a building official when you're not.”

Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Offences relating to administration of Act

365Offence to fail to comply with direction of authorised person

  1. A person must comply with a direction given by a person who is authorised to give the direction by this Act or by the regulations.

  2. This section does not apply to a failure to comply with a direction that is an offence under—

  3. section 133BR(3):
    1. section 133BU(8):
      1. section 133BW(10):
        1. section 133BX(10).

          1. A person who intentionally fails to comply with subsection (1)—

          2. commits an offence; and
            1. is liable on conviction,—
              1. 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.

                Compare
                  Notes
                  • Section 365(1): amended, on , by section 85(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                  • Section 365(1A): inserted, on , by section 21 of the Building Amendment Act 2019 (2019 No 27).
                  • Section 365(2): replaced, on , by section 85(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).